LexBIMLA DEVI versus RAJESH SINGH &ANR.
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[2015] 10 S.C.R. 1087 BIMLADEVI v. RAJESH SINGH &ANR. (Criminal Appeal No. 1033 of2010) December 16, 2015 [PINAKI CHANDRA GHOSE AND R.K. AGRAWAL, JJ.] A B Penal Code, 1860- ss. 302134, 201, 148, 452, 323 - Double murder - Previous enmity between the parties - c Statement of informant that assailants shot dead her father- in-/aw and her husband, dumped father-in-law's body into the well and snatched the jewellery of the ladies - Conviction of accused persons under various provisions of the Code and sentenced to rigorous imprisonment for life - In appeal, the D High Court gave benefit of doubt to accused RS and acquitted · him of all the charges, however, upheld conviction and sentence of four accused holding that the case was proved beyond reasonable doubt - On appeal, held: There is no infirmity in the order of High Court regarding accused RS - E Regarding the other accused, procedural lapse in not sending . the FIR promptly, would not effect the prosecution case- No motive in manipulating with the FIR proved - Mere overwriting in the name of the informant would not affect the proceedings since the fact of homicidal death as also the F manner in which the death occurred not disputed and the contents of the inquest report supported by the eye witnesses and also th.e medical evidences - Further, testimonies of each of the six witnesses proved and corroborated by the G other and remain unshaken during cross-examination - Their presence was natural and each explained the occurrence -As regards enhancement of sentence, accused neither have any criminal antecedents nor posing any danger to society at large - Instant case not within the H 1087 1088 SUPREME COURT REPORTS [2015] 10 S.C.R. A category of rarest of the rare cases and thus, no need of scaling each and every aggravating and mitigating circumstances - Sentence awarded by the courts below adequate - Thus, order passed by the High Court does not call for interference - Sentence/sentencing. B CRIMINALAPPEt LATE JURISDICTION: Criminal Appeal No. 1033 of2010 From the Judgment and Order dated 20.12.2007 of the High Court of Judicature at Patna in Criminal Appeal Nos. 371 C of2002 WITH C~iminal Appeal Nos. 1034-1036, 1037 of 2010 Criminal Appeal No. 543-545 of 2013 o R. Basanth, Amit Pawan, Gopal Singh, Anuj Prakash, . Sandeepan Pathak (A.C.) for the Appellant. E Nagendra Rai, Gopal Singh, Anuj Prakash, Smarhar Singh, · S. K. Saurav and T. Mahipal for the Respondents. The Judgment of the Court was delivered by PINAKI CHANDRA GHOSE, J. 1.These appeals have been filed against a common judgment and order dated 20.12.2007, passed by the learned Single Judge of the High F Court of Judicature at Patna in Criminal Appeal Nos.371, 386, 441 and 447 of 2002. By the impugned judgment the learned Single Judge of the High Court, while allowing the appeal of one of the accused Rajesh Singh and acquitting him, dismissed the appeals of the other four accused, namely, La loo Tiwary, G Lala Tiwary, Uma Shankar Tiwary and Pramod Tiwary and upheld their conviction and sentence as awarded by the Trial Court. Criminal Appeal Nos.543-545 of 2013 are filed by the aforesaid four accused against their conviction arid sentence H by the two Courts below and Criminal Appeal Nos.1034-1036 SIMLA DEVI v. RAJESH SINGH &ANR. 1089 [PINAKI CHANDRA GHOSE, J.] of 2010 are filed by the informant Simla Devi W/o late Lalan A Tiwary, for enhancement of the sentence of these accused. Criminal Appeal No.1033 of 2010 filed by the informant and Criminal Appeal No.1037 of 2010 filed by the State, are against the acquittal of the accused Rajesh Singh. 2. The brief facts necessary to dispose of these appeals are that on 20.12.1998 at 4:30 PM, the informant Simla Devi, resident of Village Mangara, P.S. Karakat, District Rohtas, recorded her statement (fardbeyan) at P.S. Karakat, alleging B that at 2:00 PM, her father-in-law Kashi Nath Tiwary and her C husband Lallan Tiwary were shot dead at their house by the assailants, namely, Uma ShankarTiwary, Laloo Tiwary, Pramod Tiwary, Lala Tiwary amd Dipendra Tiwary@ Turhi and 2 other unnamed assailants. The dead body of Kashi Nath Tiwary was dumped into the well located in front of their house. The D · informant further alleged that the accused also snatched away the jewellery of the informant, her daughter and her sister-in- law. Out of the two unnamed assailants, one was named as Rajesh
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