- (1.) A Division Bench of the Patna High Court found the appellants guilty of offences punishable under S. 302 read with S. 34 of the Indian Penal Code, 1860 in short the 'IPC'). In addition, appellants-Lakhan Singh, Janardan Singh, Ram Janam Singh, Dani Singh, Raghu Singh, Ram Charitar Singh and Chandar Singh were found guilty of offence punishable under S. 201, I.P.C. and sentenced each to undergo five rigorous imprisonment with a fine of Rs. 3,000/- with default stipulation. It directed that the fine on realisation was to be paid to the informant by way of compensation. Appellant-Lakhan Singh was additionally convicted for offence punishable under S. 436, I.P.C. to undergo life imprisonment.
(2.) The present appeals have been filed by 21 persons. Twenty seven persons were named in the FIR and charge-sheet was filed initially against 24 persons. In terms of S. 319 of the Code of Criminal Procedure, 1973 (in short the 'Code'), three more persons were added. Twenty seven persons were convicted by the trial Court and all of them filed appeals before the High Court. It has to be noted, as stated by learned counsel for the appellants, that one of them Lakhan Singh has served out the sentence, and two others namely Balinder Singh and Gaya Singh were absconding. Three of the accused persons died during pendency of the appeal before the High Court.
(3.) Prosecution version which led to the trial in a nutshell is as follows : On 6-7-1983, informant Ramu Yadav (P.W. 11), after easing was returned to his house at about 8 a.m. and his uncle Kishun Yadav (hereinafter described as 'deceased D-1') at that time was also returning to his house from the northern direction and he was ten yards ahead of the informant. When the informant and the deceased-Kishun reached a lane near the house of Sadhu Kahar, the informant saw a number of persons variously armed with Saif, Garasa, Bhala, guns etc. coming out from the Dalan of Bhuneshwar Singh who all challenged deceased-Kishun and attacked him. Appellant-Lakhan Singh, who was carrying a bag, took out a bomb from his bag and hurled it on deceased-Kishun, who after receiving injury, managed to enter the house of his cousin Phekju Yadav (P.W. 6). Following him, all the appellants along with Biro Singh, Pragash Singh and Ram Singh (all the three since dead) along with 15 to 20 others, variously armed entered the house of Pheku Yadav. The informant also, following the appellants and their companions, entered the house of his uncle Pheku Yadav (P.W. 6). In the meantime, Gopi Yadav, father of informant (hereinafter referred to as 'deceased D-2') also reached there and, thereafter both deceased, Gopi and Kishun climbed on the Matkmotha (box room) in order to save their lives. Appellants-Lakhan Singh, Ram Charitar Singh, Ram Janam Singh, Chootan Singh, Raghu Singh, Balindra Singh, Manoj Singh, Bhola Singh, Baban Singh, Nandu Singh, Yado Singh and ten to fifteen unknown persons also, along with weapons, climbed from outside to the roof of house and other appellants remained in the courtyard and verandah of the house. The appellants, who had climbed went to Matkotha, started assaulting both the deceased with guns, Bhala, Saif etc. The appellants, who had gone on the roof of the house, uprooted the tiles and bamboo sticks of Matkotha and appellant-Lakhan Singh, after sprinkling kerosene oil on the roof, set fire and, thereafter the appellants, who had climbed on Matkotha, dragged deceased-Kishun and Gopi to the verandah where they, after piercing Garasa, Bhala, Saif, killed them. Thereafter, appellant-Raghu Singh, Janardan Singh, Ram Charitar Singh, Ram Janam Singh, Dani Singh, Chander Singh, Lakhan Singh along with co-accused-Biro Singh carried the dead bodies on a cot towards eastern side of village and other appellants, after scrapping the blood which had fallen on the ground with straw, put it in a nearby well and they also washed the blood drops from the walls of the house by water and mud and, thereafter, they also went following the dead bodies. After some time, the informant saw smoke and flames of fire rising from the side of eastern boundary of his village where the appellants had burnt the dead bodies. They remained at the place of burning for about two hours, and thereafter they again came back to the houses of informant (P.W. 11) and Pheku Yadav (P.W. 6) and took away rice, wheat, gram, clothes, ornaments, pots etc. The occurrence was witnessed by female members of the family of informant including his mother, aunt, sister, wife of brother of Pheku Yadav (P.W. 6) and number of other villagers. Old enmity, giving rise to number of cases between the prosecution party and appellants, was stated to be the motive of the occurrence. The fardbayan of informant was recorded on the day of occurrence at 8.30 p.m. by Sub-Inspector Uzair Alam (P.W. 13). The informant, in his fardbayan stated that because appellants did not allow him to leave the house, he could not go to the Police Station earlier. On the basis of fardbayan of informant, a case under Ss. 147, 148, 149, 302, 201, 436, 380, Indian Penal Code, S. 27 of Arms Act, 1959 (in short "Arms Act") and Ss. 3, 4, 5 of Explosives Substances Act, 1908 (in short "Explosives Act") against all the twenty four appellants along with Biro alias Birendra Singh, Pragash Singh and Ram Singh and fifteen to twenty unknown was registered and police, after investigation, submitted charge-sheet against the appellants and Biro alias Birendra, Pragash Singh and Ram Singh. Charges under Ss. 302/149, 201 and 380, Indian Penal Code were framed against the appellants and Biro alias Birendra, Pragash Singh and Ram Singh and after trial, the appellants were found guilty and were convicted and sentenced, as indicated above. Biro alias Birendra, Pragash Singh and Ram Singh were also convicted and sentenced to undergo rigorous imprisonment for life under S. 302 read with S. 34, Indian Penal Code. Biro Singh alias Birendra was further convicted and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 3000/-. All the aforesaid three persons died during the pendency of the appeal before the High Court. The accused persons pleaded that on the date of occurrence appellants-Nawal Singh and Indu Singh were not present in the village. Prior to the alleged occurrence two persons namely Saudhi Singh and Arjun were murdered and after their murder, both the deceased had left their village with the family members and were living somewhere else. Therefore, they were not living in the village where they claimed to have been murdered. The accused persons have been implicated on the account of previous enmity. Four witnesses were examined to further this version. In order to prove its accusations, prosecution examined 15 witnesses out of whom Ramu Yadav (P.W. 11) is the informant and deceased-Kishun Yadav and Gopi Yadav (hereinafter referred to as D-1 and D-2) were his uncle and father respectively. It was claimed that apart from P.W. 11, Kishun Rajwar (P.W. 1), Lalo Mahto (P.W. 2), China Devi (P.W. 3) and Kamli Devi (P.W. 10) were eye-witnesses. During investigation, blood stained soil, burnt titles and remnants of exploded bombs were seized from a lane near to the house of Shiv Nandan Kumar and a house of Pheku Mahto (P.W. 6). Police also recovered straws from the well of P.W. 6 and seized burnt wood, tender bamboo and pieces of woods and bones from the place known as Hadsai pyne, and scattered grains from the house of Pheku Mahto (P.W. 6). The trial Court found the evidence of the witnesses to be credible and cogent. It noticed that though China Devi (P.W. 3) and Kamli Devi (P.W. 10) were related to the deceased, Kishun Rajwar (P.W. 1) and Lalo Mahto (P.W. 2) were independent witnesses who were in no way related to the deceased persons. They had proved their presence. Placing reliance on their evidence the accused persons as noted above were found guilty.;