Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.402 of 1989 [Against the judgment of conviction and order of sentence dated 5.8.1989 passed by Sri Deoki Nandan Prasad, learned 2nd Additional Sessions Judge, Saharsa in Sessions Trial No. 66 of 1982] =========================================================== 1. Ela Singh @ Akhil Kumar Singh son of late Sri Padmanabh Singh 2. Sone Lal Singh son of Kameshwar Pd. Singh, both residents of village Sahmoura, P.S. Sonbarsa, District- Saharsa. .... .... Appellant/s Versus The State of Bihar .... .... Respondent/s =========================================================== Appearance : For the Appellant/s : Mr. Jawahar Pd. Singh, Adv. For the Respondent/s : Mrs. Shashi Bala Verma, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA and HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL) Date: 07-02-2012 Ela Singh @ Akhil Kumar Singh and Sone Lal Singh have preferred this appeal against the judgment of conviction and order of sentence dated 5.8.1989 passed by the learned 2nd Additional Sessions Judge, Saharsa in Sessions Trial No. 66 of 1982 by which they have been convicted and sentenced to rigorous imprisonment for life under [STATUTE] and rigorous imprisonment for five years under [STATUTE] . Both the sentences have been directed to run concurrently. 2. According to Fard Beyan (Ext. 4), the prosecution case, in brief, is that on 26.9.1980 at Patna High Court CR. APP (DB) No.402 of 1989 dt.07-02-2012 2 about 5-6 p.m. the informant Chandra Shekhar Singh (P.W. 6) sent his son Ghanshyam Singh (deceased) to tend his cattle towards Bandh. P.W. 6 went to the Bandh and asked his son to go home. When P. W. 6 reached to his house at 6 p.m. he did not find his son Ghanshyam Singh (deceased) and thereafter he started searching him. His brother Sri Krishna Singh (P.W. 1) also went to Rauta and Saharsa to search him but they did not find and as such Sri Krishna Singh (P.W. 1) went to the police station for giving information. The search was going on. It is further alleged that on 27.9.1980 at about 3.30 P.M. one Muso Chamar (P.W. 5) raised hulla in the village that dead body of Ghanshyam Singh was lying in the east of village by the side of kachchi road no. 14 near the brick kiln in the water. Thereafter, informant along with villagers Om Prakash Singh, Jeevan Prasad Singh, Lalit Prasad Singh (none of them examined) and others went to the place of the occurrence and saw that his son Ghanshyam Singh (deceased) was lying dead there. Blood was oozing from his mouth and face was crushed. There was scratch on the dead body. They brought the dead body to the road. It is further stated that somebody killed the boy and thrown him in the water. The informant has suspected that both the appellants Ela Singh @ Akhil Kumar Singh and Sone Lal Singh have killed the Patna High Court CR. APP (DB) No.402 of 1989 dt.07-02-2012 3 boy and have thrown the dead body due to previous litigation with respect to the land with Akhil Kumar Singh and he had also threatened to take away the lives. Appellant Sone Lal Singh had also assaulted the informant (P.W. 6) prior to the occurrence due to grazing by cattle and he used to threaten the informant and both the appellants are of one group. The fard beyan of the informant was recorded on 27.9.1980 at 4 p.m. 3. On the basis of fard beyan Sonbarsa P. S. Case No. 13 of 1980 was instituted against unknown. After investigation charge-sheet was submitted against both the appellants for the offence punishable under [STATUTE] . Cognizance was taken, the case was committed to the Court of sessions and charges were framed against both the appellants for the offence punishable under [STATUTE] . The appellants pleaded not guilty thereafter, they were tried. Both the appellants have been convicted and sentenced as aforesaid. 4. Let us examine as to whether the prosecution has been able to substantiate its case beyond all reasonable doubts. 5. The prosecution has examined following witnesses to prove its case:- P. W. 1 Shri Krishna Pd. Singh, P. W. 2 Awadh Singh, P. W. 3 Chandra Kishore Patna High Court CR. APP (DB) No.402 of 1989 dt.07-02-2012 4 Singh, P. W. 4 Bhagal Mushar, P. W. 5 Muso Ram, P. W. 6 Chandra Shekhar Singh, P. W. 7 Bhagwat Mushar, P. W. 8 Ramjee Mushar, P. W. 9 Subodh Narain Singh, P. W. 10 Parmeshwar Choudhary, P. W. 11 Md. Muslim, P. W. 12 Dr M.K. Rana, P. W. 13 Tripurari Pd. Singh, and P. W. 14 Bomshankar Mishra. D. W. 1 Dev Narain Singh and D. W. 2 Ram Bilash Singh have been examined on behalf of the defence who have proved the affidavit of Bhagawat (Ext. A) and affidavit of Ramjee Mushar (P.W. 8) Ext. A/1 respectively. The Investigating Officer has not been examined. 6. The defence of the appellants is that they have been falsely implicated in this case due to enmity. 7. P. W. 13 has been tendered and P. W. 14 is formal witness who has proved the FIR (Ext. 4) and Case-Diary (Ext. 5). 8. P. W. 6 is the informant and the father of the deceased. He has stated that on the date of occurrence he went to Mubariya Bad where his cattle were grazing. He asked his son (deceased) to go to the house and he would take the cattle later on. P. W. 6 returned to his house with his cattle but he did not find his son there. He searched his son and also asked his brother Sri Krishna Pd. Singh (P.W. 1) to search his son. Sri Krishna Pd. Singh went to Routa and Patna High Court CR. APP (DB) No.402 of 1989 dt.07-02-2012 5 Saharsa but the boy could not be found. Later on, Muso Chamar (P.W. 5) told P.W. 6 that the dead body was lying near the brick kiln in the water. P. W. 6 went there and identified the dead body of his son Ghanshyam Singh, blood was oozing from the nose and there were also some scratches. This witness has suspicion that both the appellants Ela Singh and

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.