LexHARI BADAN RAI AND ORS. versus STATE OF BIHAR
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A HARi BADAN RAI AND ORS. v. STATE OF BIHAR DECEMBER 8, 2004 B [K.G. BALAKRISHNAN AND DR. AR. LAKSHMANAN, JJ.] .J Indian Penal Code, 1860 : llr Ss. 302134 and 201/34~Victim killed by accused-lnciden( sebn by C eye witnesses:...._Body-thr;wn in river_:_Decomposed head and bones recovered-Head identified as that of deceased-Remnants bf body indicating injuries-Motive of crime proved-Conviction and sen.t~nce as awarded by trial court and affirmed by High Court, not interfered with. D Appellants, alongwith another accused, were prosecuted under sections 31)2/34 and 201134 IPC. The prosecution case was that they attacked the deceased witli various weapons and killed him. The incident was witnessed by PWs 5, 7 and 8, who were threatened an.~ chased away by the a_cs~sed persons: Thereafter the accused took the body in a boat and thre~. iH~·tbe river. During the investigation a decomposed head, E which was· identified as that of the deceased, and some bones were recovered. The trial court convicted all the accused persons of the offences charged. The High Court confirmed the conviction and sentence. One of the accused died pending appeal before the High Court. Therefore, the present appeal was filed by the remaining six ,accused. F Dismissing the appeal, the Court .. . l - · HELD : The incident was witnessed by PWs 5, 7 and 8. The witnesses also clearly identified the head portion of the body recovered as that of the deceased. The ·post-mortem report indicated that certain G marks of injuries were found on th,e remnants tif the de~d, body. There is clear and con.vincing evidence of PWs 5, 7 and 8 to prov~ the motive for the crime. No flaw is found in tlie appreciation of the evidence of the' w•tn~sses. The investigation. w'as also cond!!cted prop11rly and no ~ .... • f ~ • ,... . ' • infirmity Uter~in was pointed o-..t. There is nq reason to'in.te_r·fe~e with H the finding recorded by the High Court. (778-ll, G; 779-B, 'Sl. 77/:. ) H.B. RAI v. STATE [BALAKRISHNAN, J.] 777 CRIMINAL APPELLATE JURISDICTION : Criminal Appeal A No. 1419 of2003. From the Judgment and Order dated 19.2.2003 of the Patna High Court in Crl.A. (D.B.) No. 316 of 1995. L. Nageswara Rao, Ajai Bhalla, Rajeev Singh, Ms. Abha R. Sharma, Ms. Sunita Singh and Rajesh Pd. Singh for the Appellants. B.B. Singh and Kumar Rajesh Singh for the Respondent. B The Judgment of the Court was delivered by C K.G. BALAKRISHNAN, J. : Seven accused persons were tried by the 6th Additional District and Sessions Judge, Chapra in Bihar for the offences punishable under Section 302 and Section 201 read with Section 34 IPC. All of them were found guilty and were sentenced to undergo D '4 imprisonment for life for the offence under Section 302 read with Section- 34 IPC and for the offence under Section 201 each of them was sentenced to undergo imprisonment for three years. All the seven accused jointly filed an appeal before the High Court. During the pendency of the appeal, A-1 Dublal Rai died and the H.igh Court by the impugned Judgment confirmed the conviction and sentence of all the appellants. The Judgment of the Division Bench is challenged before us. The prosecution case is that on 29.12.1986 at about 7.00 a.m. deceased Ram Krishna Singh along with his relatives and co-villagers had gone to Dariyaoganj Ghat to sprinkle milk on the ashes at the funeral place of his mother who had died on the previous day. After completing these rituals, deceased Ram Krishna Singh was coming back with Uma Singh, Birendra Singh and Kapil Singh. The first informant and others remained there for E F few winutes to take a bath in the river. When Ram Krishna Singh and others reached in front of the hO\l.se of Sant Lal Rai A-1 Dublal Rai (since dead) G I . and other accused persons attacked Ram Krishna Singh with various weapons. A-1 Dublal Rai e·xhorted other •~cused persons to kill Ram Krishna Singh. A-2 Hafi A~dan Rai and A-3 Par~ R.ai gave bhala blows on the right chest and left abdomen of.deceased Ram Krishna ~B10h. ~am Krishna Singh fell in the ditch, and accused persons continued to cause vario.usinfories on him. H 778 SUPREME COURT REPORTS [2004] SUPP. 6 S.C.R. A The persons who were with deceased Ram Krishna Singh were threatened by the accused and they could not save Ram Krishna Singh. The accused then brought a bamboo raft and the dead body of Ram Krishna Singh was tied over the bamboo raft. Some
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