Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.416 of 1989 (Against the judgment of conviction and order of sentence dated 7.08.1989 passed by the learned 2nd Additional Sessions Judge, Bhagalpur in Sessions Case No.368 of 1982) ======================================================= 1. Bhajan Churihara, son of Govind Churihara. 2. Kalicharan Churihara, son of Sri Dhiro Churihara. 3. Sitaram Churihara, son of Ghughli Churihara. 4. Chandra Das Churihara, son of Dallo Churihara 5. Lakhan Churihara, son of Sudhir Churihara. 6. Prabhudayal Churihara, son of Dhiro Churihara. 7. Sudhin Churihara, son of Buddeo Churihara. 8. Bhimsa Churihara, son of Sudhir Churihara. 9. Bhudeo Churihara, son of late Jhaksin Churihara. (All residents of village-Dand-wat, P.S.-Jagdishpur, District- Bhagalpur) .... .... Appellants Versus The State of Bihar .... .... Respondent ======================================================= Appearance : For the Appellants : Mr. Dhaneshwar Prasad Gupta, Amicus Curiae For the Respondent : Ms. Shashi Bala Verma, Add.P.P. ======================================================= CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA And HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL) Date: 15-02-2012 The above-named appellants have preferred this appeal against the judgment of conviction and order of sentence dated 7.08.1989 passed by the learned 2nd Additional Sessions Patna High Court CR. APP (DB) No.416 of 1989 dt.15-02-2012 2 Judge, Bhagalpur in Sessions Case No.368 of 1982 by which they have been convicted and sentenced to undergo rigorous imprisonment for life for the offence punishable under [STATUTE] . 2. The prosecution case, according to the written report (Ext.1), is that on 12.02.1982 at about 8.30 P.M., the informant Balram Paswan (P.W.1), his brother Raja Ram Paswan (P.W.3), Siya Ram Paswan (P.W.2), Parsuram Paswan (deceased) and the co-villagers Singheswar Thakur (P.W.8) and Ram Swaroop Rai (P.W.9) were sitting near the fire (Ghura) and talking at the Darwaja of the informant. Shanti Devi (P.W.6), wife of Parsuram Paswan (deceased) was cooking. In the meantime, co-villager-appellants Bhinsa Churihara, Kalicharan Churihara and Sita Ram Churihara @ Khedan Churihara came there. Bhinsa Churihara requested Parsuram Paswan to go to the Panchayat, which was being held at his Darwaja. Parsuram Paswan (deceased) asked as to what was the matter of Panchayati. Kalicharan Churihara told him that it was confidential and he would come to know the matter in the Panchayati itself. On the query of Parsurm Paswan (deceased), Bhinsa Churihara told him that Chandra, Bhudeo, Prabhudayal, Sudin and others were present there. Thereafter, Parsuram Patna High Court CR. APP (DB) No.416 of 1989 dt.15-02-2012 3 Paswan went with them. After 10 minutes, the informant and others heard the cry of Bachao-Bachao (save) which appeared to be that of Parsuram and then they heard some persons saying “Kill him”. It created suspicion in their mind and the informant, Sitaram Paswan, Raja Ram Paswan, all sons of Narayan Paswan (P.W.4), Singheshwar Thakur (P.W.8) and Ram Saroop Rai (P.W.9) rushed to the place with lantern and torch. After hearing the murmuring, they rushed to the courtyard of Sudin Churihara and saw all the accused-appellants and others were dragging the bloodstained dead body from the house of Sudin Churihara. The informant asked as to what they had done. Thereafter, Kalicharan Churihara and Bhudeo Churihara asked the co- accused to kill him. On raising alarm by the prosecution party, co-villagers came there and all the accused left the dead body and moved. Thereafter, it was found that it was the dead body of Parsuram Paswan, brother of the informant. Bhudeo and Bhajjan Churihara out of the accused were apprehended. Kalicharan left the bloodstained axe and Bhudeo Churihara was armed with Bhala. It has been alleged that all the accused (appellants) have killed Parsuram Paswan due to enmity. On the basis of the written report, formal FIR (Ext.6) as Jagdishpur P.S. Case No.12 dated 13.02.1982 was instituted for the offence punishable under Patna High Court CR. APP (DB) No.416 of 1989 dt.15-02-2012 4 [STATUTE] . After investigation, charge-sheet was submitted. Cognizance was taken. The case was committed to the court of sessions. The charges were framed against the appellants for the offence punishable under [STATUTE] . to which they denied and claimed to be tried. After the trial, the appellants have been found guilty and they have been convicted and sentenced, as aforesaid. 3. The defence of the accused was total denial of the occurrence as alleged by the prosecution and it has been claimed that the deceased was a man of bad character and had illicit relation with the wife of Deghar Churihara and Sitaram Churihara for which Panchayati was also held and due to this previous enmity, the accused persons have been implicated in this case. Further, Mira Devi, wife of Bhinsa Churihara has brought a case for committing rape on her against the deceased on the same date of occurrence. 4. This Court is required to see as to whether the prosecution has been able to substantiate its case beyond reasonable doubt. 5. In order to prove its case, the prosecution has examined 15 witnesses. They are namely, P.W.1 Balram Paswan, the informant and the elder brother of the deceased, Patna High Court CR. APP (DB) No.416 of 1989 dt.15-02-2012 5 P.W.2 Siya Ram Paswan, P.W.3, Raja Ram Pawan, both the brothers of the deceased, P.W.4 Narayan Paswan, father of the deceased, P.W.5 Munga Devi, mother of the deceased, P.W.6 Shanti Devi, wife of the deceased, P.W.7 Raushan Thakur, P.W.8 Singheswar Thakur, P.W.9 Ram Swaroop Rai, P.W.10 Dr. H.I.Ansari, P.W.11 Ramadhar Paswan, P.W.12 Kishori Paswan, P.W.13 Ramchandra Sinha (I.O.), P.W.14 Gopal Chandra Ghosh and P.W.15 Mira D

Applicable IPC Section: 376

Statute Text:
Section 376 of the Indian Penal Code. Rape. Whoever, commits an offence punishable under sub-section (1) or sub-section (2) of section 376 and in the course of such commission inflicts an injury which causes the death of the woman or causes the woman to be in a persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, or with death.