BIJOY SINGH Vs. STATE OF BIHAR
LAWS(SC)-2002-4-47
SUPREME COURT OF INDIA
Decided on April 17,2002

BIJOY SINGH Appellant
VERSUS
STATE OF BIHAR Respondents





Cited Judgements :-

JILEDAR VS. STATE [LAWS(ALL)-2015-2-109] [REFERRED TO]
T MOOSA VS. SUB INSPECTOR OF POLICE [LAWS(KER)-2005-12-18] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. TRIPTA AND OTHERS [LAWS(HPH)-2017-6-111] [REFERRED TO]
SAHEBGONDA LAXMAN BIRAJDAR & ORS. VS. STATE OF MAHARASHTRA [LAWS(BOM)-2016-10-85] [REFERRED TO]
DAYALA ALIAS DAYA RAM VS. STATE OF RAJASTHAN [LAWS(RAJ)-2003-7-57] [REFERRED TO]
STATE OF MADHYA PRADESH VS. JANGVALI SINGH [LAWS(MPH)-2003-5-39] [REFERRED TO]
AHMED SAYEED VS. STATE OF M.P. [LAWS(MPH)-2022-1-27] [REFERRED TO]
JASWANT SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2010-1-21] [REFERRED TO]
DEEPAK RAJAK VS. STATE OF WEST BENGAL [LAWS(SC)-2007-6-22] [REFERRED TO]
AMAR SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-4-272] [REFERRED TO]
SATENDRA SINGH VS. STATE OF UTTARANCHAL [LAWS(UTN)-2003-9-60] [REFERRED TO]
DEEP CHAND VS. STATE [LAWS(DLH)-2013-12-19] [REFERRED TO]
PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH HYDERABAD VS. PULICHERLA GOVINDA REDDY [LAWS(APH)-2003-8-25] [REFERRED TO]
EDIGA JAGANNADHA GOWD VS. STATE OF A P [LAWS(APH)-2004-3-157] [REFERRED TO]
EDIGA JAGANNADHA GOWD VS. STATE OF A P [LAWS(APH)-2004-3-157] [REFERRED TO]
REBATI BAIDYA VS. STATE OF WEST BENGAL [LAWS(CAL)-2013-10-27] [REFERRED TO]
WAMAN BHIMRAO MENDHE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2008-6-26] [REFERRED TO]
WAMAN BHIMRAO MENDHE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2008-6-218] [REFERRED TO]
KALIPADA BISWAS VS. STATE OF WEST BENGAL [LAWS(CAL)-2011-2-77] [REFERRED TO]
ABDUL SALEEM AND ORS. VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-7-159] [REFERRED TO]
RAIES @ MOHAMMAD FARID VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-1-186] [REFERRED TO]
SUKHDEO VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-2-277] [REFERRED TO]
BALWINDER SINGH VS. STATE OF HARYANA [LAWS(P&H)-2011-9-210] [REFERRED TO]
DEIVAM VS. STATE REPRESENTED BY INSPECTOR OF POLICE [LAWS(MAD)-2009-8-644] [REFERRED]
Surendra @ Chikna VS. State [LAWS(UTN)-2004-9-19] [REFERRED TO]
UDAI SINGH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2021-8-37] [REFERRED TO]
ANIL THAKUR VS. ASHISH KUMAR [LAWS(HPH)-2004-10-9] [REFERRED TO]
ARYAKKAMDY SUKUMARAN VS. STATE OF KERALA [LAWS(KER)-2005-11-62] [REFERRED TO]
STATE OF M P VS. GOPAL SINGH [LAWS(MPH)-2008-3-9] [REFERRED TO]
PAWAN KUMAR VS. STATE OF HARYANA [LAWS(SC)-2003-7-16] [REFERRED]
BACHAN SINGH VS. STATE OF BIHAR [LAWS(SC)-2008-9-73] [REFERRED TO]
BUDH SINGH VS. STATE OF UP [LAWS(SC)-2006-5-27] [REFERRED TO]
MOHD IRSHAD ALIAS DILSHAD VS. STATE OF RAJASTHAN [LAWS(RAJ)-2004-10-30] [REFERRED TO]
SAHBUDDIN ALIAS SABU VS. STATE OF RAJASTHAN [LAWS(RAJ)-2005-1-65] [REFERRED TO]
LOTAN VS. State of Rajasthan [LAWS(RAJ)-2003-4-6] [REFERRED TO]
SAHADEVAN VS. STATE OF TAMIL NADU [LAWS(SC)-2012-5-48] [REFERRED TO]
MALKIT KAUR VS. STATE OF HARYANA [LAWS(P&H)-2014-5-774] [REFERRED TO]
RAJESH @ RAJA VS. STATE OF HARYANA [LAWS(P&H)-2019-11-258] [REFERRED TO]
PARSA SINGH AND ORS. VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-2-258] [REFERRED TO]
TARACHAND VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-1-209] [REFERRED TO]
DILIP KUMAR AND ORS. VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-5-193] [REFERRED TO]
RAM LAL AND ORS. VS. THE STATE OF RAJASTHAN [LAWS(RAJ)-2015-8-113] [REFERRED TO]
MUSHTAQ AND ORS. VS. STATE OF RAJASTHAN AND ORS. [LAWS(RAJ)-2015-8-120] [REFERRED TO]
CHIRONJI LAL VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-3-177] [REFERRED TO]
KISHORI & OTHERS VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-3-251] [REFERRED TO]
BHOLA RAM & ORS VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-3-379] [REFERRED]
DHARA SINGH AND ORS. VS. STATE OF RAJASTHAN THROUGH PP [LAWS(RAJ)-2017-1-217] [REFERRED TO]
AGNEL KUJUR VS. STATE [LAWS(CAL)-2007-10-55] [REFERRED TO]
ALAM DIN VS. STATE OF J & K. & ORS. [LAWS(J&K)-2010-5-13] [REFERRED TO]
SANJAYJI @ CHAKAJI SOVANJI THAKOR VS. STATE OF GUJARAT [LAWS(GJH)-2018-5-41] [REFERRED TO]
SHAMBHU VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2007-6-5] [REFERRED TO]
CHHAYA GUPTA VS. SHAILENDRA KUMAR MISRA [LAWS(ALL)-2014-3-120] [REFERRED TO]
SUNIL PASI VS. STATE OF U.P [LAWS(ALL)-2013-5-11] [REFERRED TO]
DEEPAK @ ANNA SITARAM KATE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2019-4-216] [REFERRED TO]
TAJEL SK. AND ORS. VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2016-3-37] [REFERRED TO]
INDER SINGH BIST VS. STATE [LAWS(DLH)-2012-4-369] [REFERRED TO]
ADDITIONAL SESSIONS JUDGE SIHORA DISTRICT JABALPUR M P VS. SHEIKH ARIF [LAWS(MPH)-2009-4-78] [REFERRED TO]
RECEIVED FROM ADDITIONAL SESSIONS JUDGE VS. SHEIKH ARIF [LAWS(MPH)-2009-4-79] [REFERRED TO]
ALBERT ALIAS ATHIMOOLAM VS. STATE OF TAMIL NADU [LAWS(MAD)-2008-6-29] [REFERRED TO]
BADRI YADAV S/O TANTA YADAV VS. STATE OF M P [LAWS(MPH)-2013-2-300] [REFERRED]
GANESH VS. STATE BY INSPECTOR OF POLICE COIMBATORE [LAWS(MAD)-2012-8-6] [REFERRED TO]
SITARAM AND ORS. VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-7-122] [REFERRED TO]
RADHEYSHYAM VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-3-151] [REFERRED TO]
PHOOL CHAND VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-4-240] [REFERRED TO]
MAMTA AND ORS. VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-1-327] [REFERRED TO]
ARVIND KUMAR AND ORS. VS. STATE OF RAJASTHAN AND ORS. [LAWS(RAJ)-2015-2-191] [REFERRED TO]
LILADHAR AND ANOTHER VS. STATE OF RAJASTHAN [LAWS(RAJ)-2003-7-129] [REFERRED TO]
SURENDRA KUMAR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2007-1-65] [REFERRED TO]
JAFEL BISWAS & ORS. VS. STATE OF WEST BENGAL [LAWS(SC)-2018-9-151] [REFERRED TO]
SUNIL VS. STATE OF U.P. [LAWS(ALL)-2020-1-128] [REFERRED TO]
PULICHERLA NAGARAJU ALIAS NAGARAJA REDDY VS. STATE OF A P [LAWS(SC)-2006-8-17] [REFERRED TO]
ABID BEIG VS. STATE OF RAJASTHAN [LAWS(RAJ)-2011-11-56] [REFERRED TO]
MEHI LAL SHARMA VS. STATE OF BIHAR [LAWS(PAT)-2006-2-47] [REFERRED TO]
BAIJA ALIAS BAIJNATH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2006-10-40] [REFERRED TO]
RAMSWAROOP VS. STATE OF U.P. [LAWS(ALL)-2022-3-172] [REFERRED TO]
VIMLA MEENA AND ORS. VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-7-136] [REFERRED TO]
GHANSHYAM @ BALRAM VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-3-165] [REFERRED TO]
Satendra Singh VS. State of Uttaranchal [LAWS(UTN)-2003-12-17] [REFERRED TO]
ATARU VS. STATE OF UTTARANCHAL [LAWS(UTN)-2006-4-15] [REFERRED TO]
ABDUL RASHEED VS. STATE OF KERALA [LAWS(KER)-2011-10-61] [REFERRED TO]
U.K.PANDEY VS. BIRLA INSTITUTE OF TECHNOLOGY [LAWS(JHAR)-2005-12-9] [REFERRED TO]
ARPAN JARU BHOSLE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2014-1-162] [REFERRED TO]
DOMAN MARDI VS. STATE OF ASSAM [LAWS(GAU)-2023-6-78] [REFERRED TO]
RAM YADAV VS. STATE OF CHHATTISGHARH [LAWS(CHH)-2012-9-47] [REFERRED TO]
VAHAJI RAVAJI THAKORE VS. STATE OF GUJARAT [LAWS(GJH)-2003-5-22] [REFERRED TO]
JAGANNATH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2003-7-33] [REFERRED TO]
SHEO KUMAR AND TWO ORS. (IN JAIL) VS. STATE OF U.P. [LAWS(ALL)-2003-5-283] [REFERRED TO]
RANJEET SINGH ALIAS DARA VS. STATE OF M P [LAWS(MPH)-2006-3-91] [REFERRED TO]
SACHINDRA SINGH SON OF LATE BALESHWAR SINGH VS. STATE OF BIHAR [LAWS(PAT)-2017-3-116] [REFERRED TO]
RAJESH VS. STATE [LAWS(ALL)-2023-10-54] [REFERRED TO]
JAGDISH & ANR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-4-242] [REFERRED TO]
NARAYAN SINGH & ORS VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-5-234] [REFERRED TO]
UDAL GURJAR SON OF SHRI MOHRU, BY CASTE GURJAR, RESIDENT OF KHAIDAR KA PURA, POLICE STATION BASAI DANG, DISTRICT DHOLPUR (RAJ.). (AT PRESENT CONFINED IN THE DISTRICT JAIL, DHOLPUR) VS. STATE OF RAJASTHAN THROUGH PP [LAWS(RAJ)-2017-2-41] [REFERRED TO]
DEEP NARAYAN CHOURASIA VS. STATE OF BIHAR [LAWS(SC)-2019-2-130] [REFERRED TO]
MANSINGH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2019-4-19] [REFERRED TO]
ABID AKHTAR S/O LATE HAJI ABDUL JABBAR VS. STATE OF BIHAR [LAWS(PAT)-2013-7-27] [REFERRED TO]
CHANDGI VS. STATE OF RAJASTHAN [LAWS(RAJ)-2005-4-60] [REFERRED TO]
RAJENDRA SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-1-47] [REFERRED TO]
MANGOO ALIAS MANGAL SINGH VS. STATE OF MADHYA PRADESH [LAWS(SC)-2008-7-171] [REFERRED TO]
STATE OF BIHAR VS. ANAND MOHAN, PROF.ARUN KUMAR SINHA, AKHLAKH AHMAD [LAWS(PAT)-2008-12-159] [REFERRED TO]
KULDEEP S/O SHRI BHANWAR LAL, AGED ABOUT 31 YEARS, BY CASTE DHOBI, R/O NEW LIGHT DRYCLEANERS, IN FRONT OF POLICE STATION NAYAPURA, KOTA. (AT PRESENT IN JUDICIAL CUSTODY.) ACCUSED IN CENTRAL JAIL, KOTA VS. STATE OF RAJASTHAN THROUGH P.P. [LAWS(RAJ)-2017-1-109] [REFERRED TO]
RAMESH AND ORS. VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-7-197] [REFERRED TO]
BALVANT SINGH & ORS VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-7-329] [REFERRED]
MANSARAM AND ORS. VS. STATE OF RAJASTHAN AND ORS. [LAWS(RAJ)-2015-2-192] [REFERRED TO]
JASVINDER SINGH SANDHU VS. STATE OF RAJASTHAN THROUGH P.P. [LAWS(RAJ)-2015-2-385] [REFERRED TO]
UDAI BHAN @ BHURA; KEDAR SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-3-174] [REFERRED TO]
ROSHAN VS. STATE OF KERALA [LAWS(KER)-2004-11-19] [REFERRED TO]
GUDDU PANDEY VS. STATE OF U.P. [LAWS(ALL)-2019-11-220] [REFERRED TO]
MOLOY KUMAR BISWAS VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2016-8-61] [REFERRED TO]
NAVAL KISHORE @ NAVAL VS. STATE [LAWS(DLH)-2018-2-86] [REFERRED TO]
VEERA VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2017-2-207] [REFERRED TO]
RAMJANI VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-1-83] [REFERRED TO]
SAHBUDDIN @ SAHABDEEN VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-3-161] [REFERRED TO]
PAPPU @ RAMLAL S/O SHRI BHAGUTA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2016-12-92] [REFERRED TO]
AKBARUDDIN OWAISI VS. GOVERNMENT OF ANDHRA PRADESH AND ORS [LAWS(APH)-2013-7-163] [REFERRED]
BOYA PEDDA MADDULETI VS. STATE OF A P [LAWS(APH)-2004-7-101] [REFERRED TO]
CHAMAN VS. STATE OF UP [LAWS(ALL)-2014-8-274] [REFERRED TO]
RAM PRASAD VS. STATE OF CHHATTISGARH [LAWS(CHH)-2010-5-3] [REFERRED TO]
SAHEBRAO LUKDU JADHAV VS. STATE OF MAHARASHTRA [LAWS(BOM)-2014-1-55] [REFERRED TO]
RAMCHANDRAN VS. STATE OF CHHATTISHGARH [LAWS(CHH)-2007-7-6] [REFERRED TO]
MADHUSUDAN DATTA VS. STATE OF JHARKHAND [LAWS(JHAR)-2004-4-52] [REFERRED TO]
ABDUL RASHEED VS. STATE OF KERALA [LAWS(KER)-2012-10-485] [REFERRED TO]


JUDGEMENT

Sethi, J. - (1.)Though sad, yet it is a fact that people do not hesitate in resorting to vengeance even on the unfortunate deaths of their nears and dears. There is a tendency to rope in as many people as possible for facing the trial relating to the death or injuries to the unfortunate victims. Sometimes it is over -enthusiasm and many a times designed effort to harass the relations and friends of the real culprits. It has been found that on occasions innocent persons including aged, infirm, ladies and children are booked for standing at the dock and remain confined in jails till the pendency of the cases. Some are acquitted by the trial Court and many by the appellate Courts but only after their languishing in confinements for years. Such efforts of unscrupulous survivors of the crime or the relations of the victims invariably but unfortunately helps the real culprits as it becomes difficult for the Court to sift the grain out of the chaff. Under such circumstances and in view of the prevalent criminal jurisprudential system in the country, the doctrine of presumption of innocence in favour of the accused makes the justice itself a victim which ultimately weakens the criminal justice dispensation system. Be that as it may, on onerous duty is cast upon the criminal Courts in the country to ensure that no innocent is convicted and deprived of his fundamental liberties. However, in cases of group clashes and organised crimes, persons beyond the screen, executing the crime should not be allowed to get scot free. In cases involving number of accused persons, a balance approach by the Courts is required to be insisted upon. Neither any innocent person should be convicted nor a guilty acquitted under the cloak and cover of the loose and liberal interpretations of the statutory provisions and the technicalities of procedural wrangles. In cases of arson and murder where large number of people are accused of committing the crime, the Courts should be cautious to rely upon the testimony of witnesses speaking generally and in an omnibus way without specific reference to the accused or the role played by them.
(2.)For the death of Vijay Singh aged 16 years and for attempting to murder Sanuj Singh (PW5) 12 persons including the appellants were tried for offences punishable under Sections 302, 149, 307 of the Indian Penal Code and Section 27 of the Arms Act. All the accused belong to one clan and very closely related to each other. The trial Court convicted all of them under Sections 302, 307 read with Section 149, IPC and under Section 27 of the Arms Act and sentenced them to rigorous imprisonment for life under Section 302 and 3 years rigorous imprisonment under Section 27 of the Arms Act. No separate sentence was passed for the offence under Section 307 in view of the life imprisonment. Appeal filed by the accused persons were dismissed by the High Court vide judgment impugned in this case. In these appeals all the accused persons, except Awadhesh Singh (A -11) have challenged the judgments of the Courts below.
(3.)It was alleged by the prosecution that on the day of Shravan Purnima falling on 25th August, 1991 at about 5 p.m. the deceased Vijay Singh along with Sanuj Singh (PW5) had gone to Thakurbari situated at Tarawanna Khanda of Village Dhanawana for offering puja in the temple on the occasion of Raksha Bandan. While they were in the temple, all the accused persons, armed with fire arms, came firing from all the directions. On the extortion of Ram Nandan Singh (A1), Jawahar Singh (A -2) fired from his gun at Vijay Singh who was injured and fell near the well outside Thakurbari. When Sanuj Singh (PW5) started running towards South, he was also fired at by Upender Singh (A -3), in consequence of which he also fall in the field. Thereafter Upender Singh further assaulted Sanuj Singh by the butt of his fire arm. The occurrence is stated to have been witnessed by witnesses, namely, Kamala Singh (PW2), Bankey Singh (PW2) Gano Singh (PW4) and Brij Nandan Singh (PW7) who claimed to be working in nearby fields and had seen the occurrence from behind the "punj" of husk near the Thakubari. On commotion the accused persons ran away towards the village. Vijay Singh succumbed to his injuries on the spot and Sanuj Singh was taken to Hospital at Sarmera. After reaching the hospital, the witnesses came back to the place of occurrence where the dead body of Vijay Singh was lying. The police is stated to have come at the place of occurrence at about 2. 30 a.m. When the statement of Brij Nandan Singh was recorded and FIR registered. Besides the five eye - witnesses, the prosecution examined six other witnesses. Dr. B.P. Verma (PW3) has conducted the post- mortem on the dead body of Vijay Singh and Dr. Anjani Kumar (PW9) examined the injured person Sanuj Singh, Dr. S.K. Jha (PW11) treated Sanuj Singh after he was referred to Biharsharif Hospital for treatment. The evidence of PW6 was tendered by the prosecution whereas PW8 is the Investigating Officer and PW10 is the X- Ray Technician.


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