RAM ANUP SINGH Vs. STATE OF BIHAR
SUPREME COURT OF INDIA (FROM: PATNA)
RAM ANUP SINGH
STATE OF BIHAR
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Bisheshwar Prasad Singh, J. -
(1.)This appeal has been preferred by the three appellants herein i.e. Ram Anup Singh, Babban Singh and Lallan Singh. Ram Anup Singh is the father of Babban Singh and Lallan Singh. The appeal arises out of an incident that occurred on 27th March, 1997 in which four innocent lives were lost. Amongst the deceased were Madan Singh, brother of Ram Anup Singh accused, his wife Sheoji Devi, his daughter Sita Devi and his son-in-law Shambhu Sharan Dubey. Since Madan Singh had only one daughter namely, Sita Devi, the appellants virtually annihilated the entire family of Madan Singh who resided in village Dilman Chapra with his wife, his daughter and his son-in-law. It is the case of the prosecution that the daughter of Madan Singh and his son-in-law lived with him and looked after Madan Singh and his wife and also cultivated the lands.
(2.)The appellants were put up for trial before the 4th Additional District and Sessions Judge, East Champaran, Motihari who by judgment and order dated 3/9-3-2002 in Sessions Trial No. 319/33 of 1997 found the appellant Ram Anup Singh guilty of the offence u/S. 302/34, 302/109 IPC and Section 27 of the Arms Act and sentenced him to death u/S. 302/34 IPC and 302/109 IPC. Appellants Babban Singh and Lallan Singh were found guilty of the offence u/S. 302 IPC and Section 27 Arms Act. They were also sentenced to death u/S. 302 of IPC. The Trial Court passed no separate sentence u/S. 27 of the Arms Act.
(3.)Aggrieved by the judgment and order of the Trial Court the appellants preferred Criminal Appeal No. 126 of 2000 before the High Court of Judicature at Patna. The learned Additional Sessions Judge also made a reference to the High Court for confirmation of the sentence of death passed against the appellants which was registered as Death Reference No. 4 of 2000.
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