BASO PRASAD Vs. STATE OF BIHAR
LAWS(SC)-2006-11-133
SUPREME COURT OF INDIA
Decided on
November 24,2006
BASO PRASAD
Appellant
VERSUS
STATE OF BIHAR
Respondents
Referred Judgements :-
SUBHASH VS. STATE OF UTTAR PRADESH [REFERRED TO]NATH SINGH DILBAGH SINGH VS. STATE OF UTTAR PRADESH [REFERRED TO]
STATE OF PUNJAB VS. WASSAN SINGH [REFERRED TO]
STATE OF UTTAR PRADESH VS. KRISHNA GOPAL [REFERRED TO]
ANWAR VS. STATE OF HARYANA [REFERRED TO]
THANGAVELU VS. STATE OF TAMIL NADU [REFERRED TO]
DHIRAJBHAI GORAKHBHAI NAYAK VS. STATE OF GUJARAT [REFERRED TO]
SURINDER SINGH VS. STATE OF UTTAR PRADESH [REFERRED TO]
STATE OF KARNATAKA VS. PAPANAIKA [REFERRED TO]
NIRMAL SINGH VS. STATE OF BIHAR [REFERRED TO]
BIRENDRA RAI VS. STATE OF BIHAR [REFERRED TO]
MANGU KHAN VS. STATE OF RAJASTHAN [REFERRED TO]
SIDHARTH VS. STATE OF BIHAR [REFERRED TO]
Cited Judgements :-
SANKARKUMAR VS. INSPECTOR OF POLICE [LAWS(MAD)-2017-10-114] [REFERRED TO]RAJKAPOOR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2013-7-407] [REFERRED TO]
SUBHASH CHANDRA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2011-9-2] [REFERRED TO]
RAVI KANT SHARMA VS. STATE [LAWS(DLH)-2011-10-57] [REFERRED TO]
BALESHWAR MAHTO VS. STATE OF BIHAR [LAWS(PAT)-2013-3-16] [REFERRED TO]
SAKHARAM GUNAJI CHAVAN VS. STATE OF MAHARASHTRA [LAWS(BOM)-2015-11-16] [REFERRED TO]
RAM NARESH VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2019-10-228] [REFERRED TO]
VIDYA SAGAR PRASAD SON OF VISHWANATH PRASAD VS. STATE OF BIHAR [LAWS(PAT)-2011-12-146] [REFERRED]
HORI LAL VS. STATE OF U P [LAWS(SC)-2006-12-64] [REFERRED TO]
ANUJ KUMAR SINGH VS. STATE OF BIHAR [LAWS(PAT)-2024-2-73] [REFERRED TO]
NIVRUTTI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2024-9-37] [REFERRED TO]
SATYAVIR SINGH VS. STATE OF U P [LAWS(SC)-2010-2-73] [REFERRED TO]
LUTHFUR RAHMAN ALIAS HAROON VS. STATE [LAWS(DLH)-2014-10-284] [REFERRED TO]
JAWAHAR ALIAS BABU RAM VS. STATE OF U.P. [LAWS(ALL)-2020-1-291] [REFERRED TO]
A.N. RAGAVENDRA VS. VITAL KINI AND OTHERS [LAWS(KAR)-2016-3-455] [REFERRED TO]
TRISHUL WOOD PRODUCTS PVT. LIMITED VS. CHANDIGARH ADMINISTRATION AND ORS. [LAWS(P&H)-2014-10-101] [REFERRED TO]
AMEEN WANI VS. STATE [LAWS(DLH)-2014-10-7] [REFERRED TO]
PARVEZ VS. STATE OF U.P. [LAWS(ALL)-2014-1-258] [REFERRED TO]
GAYA LAL S/O BUCHA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2016-8-51] [REFERRED TO]
BUDH SINGH VS. STATE OF M P [LAWS(SC)-2007-5-158] [RELIED ON]
RAKESH VS. STATE OF MADHYA PRADESH [LAWS(SC)-2011-8-141] [REFERRED TO]
RAKESH VS. STATE OF MADHYA PRADESH [LAWS(SC)-2011-9-87] [REFERRED TO]
RAM BILAS VS. STATE [LAWS(DLH)-2010-1-267] [REFERRED TO]
UMESH SINGH VS. STATE OF BIHAR [LAWS(SC)-2013-3-57] [REFERRED TO]
CHAYA BIJU KOLLA VS. SUPERINTENDENT OF POLICE, GADCHIROLI [LAWS(BOM)-2016-4-195] [REFERRED TO]
STATE OF UTTARAKHAND VS. SARDAR PARWAN SINGH [LAWS(UTN)-2019-11-154] [REFERRED TO]
KURIA VS. STATE OF RAJASTHAN [LAWS(SC)-2012-9-75] [REFERRED TO]
HAKIM SINGH S/O PRAHLAD SINGH VS. STATE OF MADHYA PRADESH, THROUGH - POLICE STATION AMBAH DISTRICT MORENA (MP) [LAWS(MPH)-2018-7-96] [REFERRED TO]
AMIR SINGH AND ORS. VS. THE STATE OF BIHAR [LAWS(PAT)-2020-5-22] [REFERRED TO]
JUDGEMENT
S. B. Sinha, J. -
(1.)Appellants five in number were proceeded against convicted for commission of an offence of murder of one Shivnandan Prasad at about 7.00 a.m. on 13-12-1999. The parties are residents of the same village.
(2.)On 13-12-1999 at about 6.30 a.m., the deceased was milking a buffalo. His other family members including the wife of his brother (informant Krishna Deo Prasad-PW-7), nephew Sunil Prasad and others were brushing their teeth at the roof of their house. Brijnandan Prasad and others have their joint residential house at some distance from the house of the deceased. They allegedly came over the roof of their house armed with rifles and started brick-batting and abusing the brother of the informant alleging that they had burnt a heap of straw belonging to them. When Shivnandan Prasad went to the roof of the house, allegedly the appellants started firing. One of the bullets hit Shivnandan Prasad on his chest. An alarm was raised. The first informant reached near his brother and found him dead. The First Information Report was lodged at about 10.00 a.m. on the same day before Chandi Police Station. The distance between the place of occurrence and the Chandi Police Station is said to be about 10 k.m.
(3.)The prosecution in support of its case examined five witnesses, amongst whom the eye-witnesses, being Satrughan Prasad (PW-4), Chandrakanti Devi (PW-5), Sunil Kumar (PW-6), Krishnadeo Prasad (PW-7) and Mahapati Devi (PW-8).
(2.)On 13-12-1999 at about 6.30 a.m., the deceased was milking a buffalo. His other family members including the wife of his brother (informant Krishna Deo Prasad-PW-7), nephew Sunil Prasad and others were brushing their teeth at the roof of their house. Brijnandan Prasad and others have their joint residential house at some distance from the house of the deceased. They allegedly came over the roof of their house armed with rifles and started brick-batting and abusing the brother of the informant alleging that they had burnt a heap of straw belonging to them. When Shivnandan Prasad went to the roof of the house, allegedly the appellants started firing. One of the bullets hit Shivnandan Prasad on his chest. An alarm was raised. The first informant reached near his brother and found him dead. The First Information Report was lodged at about 10.00 a.m. on the same day before Chandi Police Station. The distance between the place of occurrence and the Chandi Police Station is said to be about 10 k.m.
(3.)The prosecution in support of its case examined five witnesses, amongst whom the eye-witnesses, being Satrughan Prasad (PW-4), Chandrakanti Devi (PW-5), Sunil Kumar (PW-6), Krishnadeo Prasad (PW-7) and Mahapati Devi (PW-8).
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