ANIL KUMAR SINGH Vs. STATE OF BIHAR
LAWS(SC)-2002-8-154
SUPREME COURT OF INDIA
Decided on
August 08,2002
ANIL KUMAR SINGH
Appellant
VERSUS
STATE OF BIHAR
Respondents
Cited Judgements :-
DIPAK DEB BARMA VS. STATE OF TRIPURA [LAWS(GAU)-2009-2-64] [REFERRED TO]DHANANJAY KUMAR SHUKLA VS. STATE OF JHARKHAND THROUGH DIRECTOR GENERAL OF POLICE [LAWS(JHAR)-2013-9-4] [REFERRED TO]
KOMAL TIWARI VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2022-4-61] [REFERRED TO]
IN REFERENCE (SUO MOTO) VS. YOGESH NATH [LAWS(MPH)-2021-9-86] [REFERRED TO]
POORAN VS. STATE OF MP [LAWS(MPH)-2007-7-41] [REFERRED TO]
SUSHIL KUMAR VS. STATE GOVT. OF NCT OF DELHI [LAWS(DLH)-2014-7-146] [REFERRED TO]
MAJOR SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2014-9-150] [REFERRED TO]
ARJUN SINGH VS. STATE OF WEST BENGAL [LAWS(CAL)-2005-5-49] [REFERRED TO]
RAJESH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2004-5-37] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. SURENDER KUMAR [LAWS(HPH)-2013-7-53] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. RAJ KUMAR [LAWS(HPH)-2016-4-52] [REFERRED TO]
MANGAL DEO ORAON VS. STATE OF JHARKHAND [LAWS(JHAR)-2009-8-155] [RELIED ON ]
DASHOK KISAN BHIL VS. STATE OF MAHARASHTRA [LAWS(BOM)-2008-2-363] [REFERRED]
State of H.P. VS. Kusum [LAWS(HPH)-2011-12-142] [REFERRED TO]
GULNAZ VS. STATE OF KARNATAKA [LAWS(KAR)-2020-10-278] [REFERRED TO]
RASHPAL SINGH AND OTHERS VS. RIMPI AND OTHERS [LAWS(HPH)-2015-9-163] [REFERRED]
MAJENDRAN LANGESWARAN VS. STATE (NCT OF DELHI) [LAWS(SC)-2013-7-9] [REFERRED TO]
SMT. SARMAN VS. STATE OF U.P. [LAWS(ALL)-2017-3-195] [REFERRED TO]
DULAR MUNDA, MAJOR OF AGE VS. STATE OF GOA [LAWS(BOM)-2020-1-190] [REFERRED TO]
RAMREDDY RAJESHKHANNA REDDY VS. STATE OF ANDHRA PRADESH [LAWS(SC)-2006-3-30] [REFERRED TO]
MD. ALI RAJA VS. STATE OF ASSAM [LAWS(GAU)-2009-12-59] [REFERRED TO]
DILIP MACHINDRA JADHAV VS. STATE OF MAHARASHTRA [LAWS(BOM)-2004-4-31] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. RAJINDER [LAWS(HPH)-2011-9-16] [REFERRED TO]
IMRAN VS. STATE OF U.P. [LAWS(ALL)-2017-2-11] [REFERRED TO]
GYAN CHANDRA VS. STATE OF U P [LAWS(ALL)-2018-9-56] [REFERRED TO]
BHUWAN @ SONU VS. STATE OF U P [LAWS(ALL)-2018-5-15] [REFERRED TO]
RANTU BORO ALIAS RAHUL BORO VS. STATE OF ASSAM [LAWS(GAU)-2012-4-64] [REFERRED TO]
CHINTA DEVI VS. THE STATE OF JHARKHAND [LAWS(JHAR)-2016-7-33] [REFERRED TO]
GORAKH SAHNI VS. STATE OF BIHAR [LAWS(PAT)-2009-11-135] [REFERRED TO]
MOHANDAS NAIK VS. STATE [LAWS(BOM)-2011-5-63] [REFERRED TO]
AJAY VS. STATE OF DELHI [LAWS(DLH)-2006-11-239] [REFERRED TO]
BORGAM RAJENDER VS. STATE OF A P [LAWS(APH)-2013-4-120] [REFERRED TO]
PEJAN SINGH VS. STATE OF M.P. [LAWS(MPH)-2020-5-95] [REFERRED TO]
DEEPAK KUMAR YADAV VS. STATE OF U.P. [LAWS(ALL)-2022-9-22] [REFERRED TO]
BHUPEN SARMAH VS. STATE OF ASSAM [LAWS(GAU)-2005-6-39] [REFERRED TO]
BIKASH MURMU AND ORS. VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2015-12-113] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. MUNISH KUMAR AND ANOTHER [LAWS(HPH)-2013-7-92] [REFERRED]
RAJIV SHARMA AND ORS. VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-12-63] [REFERRED TO]
DIVESH VAIDYA AND ORS. VS. STATE OF H.P. [LAWS(HPH)-2016-1-12] [REFERRED TO]
SUBHASH CHAUHAN VS. STATE OF U.P. [LAWS(ALL)-2020-1-15] [REFERRED TO]
MONTU @ PRASHANT VS. STATE OF U P [LAWS(ALL)-2018-2-323] [REFERRED TO]
NAND RAM VS. STATE [LAWS(ALL)-2018-5-566] [REFERRED TO]
KASHIRAM JAIRAM PAWAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2005-1-18] [REFERRED TO]
PARMANAND BODHI PANDHARE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2007-9-38] [REFERRED TO]
AYUB KHAN AND OTHERS VS. STATE OF HARYANA [LAWS(P&H)-2014-8-439] [REFERRED]
JAGADISH MAZUMDER VS. STATE [LAWS(CAL)-2019-2-137] [REFERRED TO]
MAHAVIR KUMAR VS. STATE [LAWS(DLH)-2014-5-443] [REFERRED TO]
SUNIL KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-12-80] [REFERRED TO]
RANJAN DAIMARI VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(GAU)-2022-9-125] [REFERRED TO]
RAGHU SARANGI VS. STATE OF GOA [LAWS(BOM)-2012-3-69] [REFERRED TO]
MAHENDRA VS. STATE OF U.P. [LAWS(ALL)-2018-8-285] [REFERRED TO]
DILIP KUMAR SINGH VS. STATE OF JHARKHAND [LAWS(JHAR)-2014-1-33] [REFERRED TO]
IMTEYAZ AHMAD VS. STATE OF JHARKHAND [LAWS(JHAR)-2013-12-124] [REFERRED]
Anil Kumar Tiwary @ Anil Tiwary VS. State of Jharkhand [LAWS(JHAR)-2013-2-133] [REFERRED TO]
SHAHNAWAJ @ SONU VS. STATE (NCT) OF DELHI [LAWS(DLH)-2013-9-280] [REFERRED TO]
UNPA VS. STATE OF H.P. [LAWS(HPH)-2016-3-18] [REFERRED TO]
HARBANS LAL VS. STATE OF H.P. [LAWS(HPH)-2016-3-20] [REFERRED TO]
KISHORILAL FULCHAND BARASKAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2007-7-226] [REFERRED TO]
STATE OF M P VS. PUNAJI DHURVE [LAWS(MPH)-2004-3-31] [REFERRED TO]
SHAMBHU PRASAD PODDAR @ HARICHANDRA PODDAR VS. SANJAY PODDAR [LAWS(PAT)-2013-9-35] [REFERRED TO]
JUDGEMENT
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(1.)Four accused persons, namely, Jira Devi, Surendra Singh, Ram Bilash yadav and Anil Kumar Singh, the accused-appellant before us, were tried on charges under Sections 302/34 and 201/34 IPC. The trial court acquitted surendra Singh and Ram Bilash Yadav, but convicted the other two. Both the convicted accused persons preferred an appeal before the High Court. The high Court has allowed the appeal preferred by Jira Devi and acquitted her. However, the conviction of the ace used-appellant before us under Sections 302/34 and 201/34 IPC has been maintained by the High Court. This appeal has been preferred by special leave.
(2.)The deceased Dhiran Singh, the witnesses and the accused-appellant, as also the other 3 accused persons who have been acquitted, are all residents of Village Bagaliya, PS Mansi, Bihar. Jira Devi, the acquitted accused, is the wife of deceased Dhiran Singh. Anil Kumar Singh, the accused-appellant, is their neighbour. It appears that the deceased Dhiran Singh suspected illegitimate relationship between Jira Devi and the accused-appellant. Jira devi gave birth to 3 children of whom the last one was suspected by the deceased Dhiran Singh not to be born from him. This had led to relations between Dhiran Singh and Jira Devi being strained and they were often quarrelling with each other. The relationship between the accused-appellant and deceased Dhiran Singh too was certainly strained. It also appears that the deceased Dhiran Singh had entered into an agreement to purchase some land from one Wokil Singh, resident of Village Permanandpur. An amount of rs 9000 was required to be paid as a part of consideration for sale. Village bagaliya is connected with Village Permanandpur by rail. The train leaves bagaliya Station sometime early in the morning.
(3.)On 15-11-1992, the deceased Dhiran Singh started with Rs 9000 with him for Village Permanandpur to pass on the amount to Wokil Singh, the vendor. In Village Permanandpur the in-laws of Dhiran Singh i. e. the parents of Jira Devi are also living. In the night preceding 15-11-1992 Jira Devi persuaded the deceased Dhiran Singh to rise and leave very early in the morning for the railway station as the train left quite early. Dhiran Singh left. However, thereafter he did not return for about 3 days. Ram Adhik Singh sent jira Devi to Village Permanandpur to trace the whereabouts of Dhiran Singh. She returned and reported that Dhiran Singh having visited Village permanandpur had immediately left the village and was not to be found there.
(2.)The deceased Dhiran Singh, the witnesses and the accused-appellant, as also the other 3 accused persons who have been acquitted, are all residents of Village Bagaliya, PS Mansi, Bihar. Jira Devi, the acquitted accused, is the wife of deceased Dhiran Singh. Anil Kumar Singh, the accused-appellant, is their neighbour. It appears that the deceased Dhiran Singh suspected illegitimate relationship between Jira Devi and the accused-appellant. Jira devi gave birth to 3 children of whom the last one was suspected by the deceased Dhiran Singh not to be born from him. This had led to relations between Dhiran Singh and Jira Devi being strained and they were often quarrelling with each other. The relationship between the accused-appellant and deceased Dhiran Singh too was certainly strained. It also appears that the deceased Dhiran Singh had entered into an agreement to purchase some land from one Wokil Singh, resident of Village Permanandpur. An amount of rs 9000 was required to be paid as a part of consideration for sale. Village bagaliya is connected with Village Permanandpur by rail. The train leaves bagaliya Station sometime early in the morning.
(3.)On 15-11-1992, the deceased Dhiran Singh started with Rs 9000 with him for Village Permanandpur to pass on the amount to Wokil Singh, the vendor. In Village Permanandpur the in-laws of Dhiran Singh i. e. the parents of Jira Devi are also living. In the night preceding 15-11-1992 Jira Devi persuaded the deceased Dhiran Singh to rise and leave very early in the morning for the railway station as the train left quite early. Dhiran Singh left. However, thereafter he did not return for about 3 days. Ram Adhik Singh sent jira Devi to Village Permanandpur to trace the whereabouts of Dhiran Singh. She returned and reported that Dhiran Singh having visited Village permanandpur had immediately left the village and was not to be found there.
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