Allowed

Dayanidhi Singh and Ors. v. State of Bihar

Patna HC21 Nov 2017CR. APP (DB)/69/1994

Case brief

AI extract

What is this about?

Patna High Court Criminal Bench allowed appeals of surviving appellants charged in a 1974 murder case. Court dismissed appeals of deceased appellants. For surviving appellants, court acquitted of serious charges due to lack of specific overt acts, acknowledged sentence for minor assault already served, and acquitted them of murder/membership charges while confirming conviction for grievous hurt.

What did the court decide?

Appellants acquitted of charges under Sections 302/149 and 148 IPC; convicted of Section 323 IPC with credit for time already spent in remand and bail sentences; appeals allowed and disposed of.

Dayanidhi Singh and Ors. Vs State of Bihar — Murder and Culpable Homicide | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Appeal (DB) No.69 of 1994

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Against judgment and order dated 31^st January, 1994, passed by 1^st

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Additional Sessions Judge, Siwan in Sessions Trial No. 108 of 1975.

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===========================================================

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Dayanidhi Singh, son of late Pukari Singh @ Late Ram Pukar Singh

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Bimal Kumar Singh @ Bindu Singh

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Maksudan Singh, both sons of Jagdish Narain Singh

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Ripusudan Singh

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Raj Kumar Singh, both sons of Madho Singh

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Anirudh Singh, son of Jugul Singh

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-All residents of Village Kasdeura Bangra, Police Station Maharajganj, Distict Siwan

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.... .... Appellant/s

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Versus

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The State of Bihar

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.... .... Respondent/s

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with

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===========================================================

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Criminal Appeal (DB) No. 84 of 1994

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Against judgment and order dated 31^st January, 1994, passed by 1^st

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Additional Sessions Judge, Siwan in Sessions Trial No. 108 of 1975.

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===========================================================

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Kashinath Singh,son of Janardan Prasad Singh, resident of Village Kasdeoura Bangra, Police Station Maharajganj, District Siwan

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.... .... Appellant/s

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Versus

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The State of Bihar

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.... .... Respondent/s

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===========================================================

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Appearance :

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(In both the Appeals)

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Patna High Court CR. APP (DB) No.69 of 1994 dt.21-11-2017

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2/6

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For the Appellant/s : Mr. Pramod Kumar, Advocate For the State : Mr. Shivesh Chandra Mishra, APP

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===========================================================

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CORAM: HONOURABLE THE CHIEF JUSTICE

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and

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HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY

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ORAL JUDGMENT

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(Per: HONOURABLE THE CHIEF JUSTICE) Date: 21-11-2017

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In these appeals filed under Section 374(2) and 389(1) of he Code of Criminal Procedure challenge is made to conviction of appellants ordered by the Additional Sessions Judge-I, Siwan in Sessions Trial No. 108 of 1975 convicting the appellants to undergo imprisonment for offence under Sections 302/149, Section 149 and 326 of the Indian Penal Code for various charges ranging from life imprisonment to one year.

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However, from the supplementary affidavit filed today it is seen that during the pendency of the appeals, appellant no. 1 Daynidhi Singh has died on 25.12.1999, appellant no. 2 Bimal Kumar Singh @ Bindu Singh has died on 21.07.2014 and appellant no. 3 Maksudan Singh has died on 11.04.2014. That being so, the appeal as far as for three appellants are concerned, stands dismissed as abated due to their death.

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In Cr. Appeal No. 84 of 1994, the sole appellant Kashi Nath Singh has also died and therefore by a separate application filed

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Patna High Court CR. APP (DB) No.69 of 1994 dt.21-11-2017

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3/6

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today, the said appeal has been dismissed as having been abated.

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Now, in this appeal, the only consideration to be made is

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with regard to conviction of the appellant no. 4 Ripusudan Singh, appellant no. 5 Raj Kumar Singh and appellant no. 6 Anirudh Singh. For an incident that took place in the year 1974 by the judgment in question rendered on 31^st January, 1994, the appellants have been sentenced and now with regard to the three appellants with regard to the surviving appellants it is seen that appellant Raj Kumar Singh is convicted for an offence punishable under Section 302/149, 148/326 IPC and awarded rigorous imprisonment for life, two years and three years respectively, and the appellant Ripusudan Singh has been convicted under section 302/149, 147/323 IPC with rigorous imprisonment for life for one year and one year respectively. Appellant Anirudh Singh has also been convicted under Section 302/149 and 148 IPC and sentenced to undergo rigorous imprisonment for life and two years.

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It is the case of the prosecution that an FIR Ext. 11 was lodged by PW 9 Brigun Rawat at 9 A.M. on 22.06.1974 to the effect that when he had gone to plough his land at 7 A.M,. in the morning, all the 8 accused persons which included the appellants herein and another accused Santosh Singh, who was absconding, arrived at his land armed with bhala, barchha, lathi and gun and at that time Ram

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Patna High Court CR. APP (DB) No.69 of 1994 dt.21-11-2017

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4/6

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Kishore Ojha and Ramanand Prasad came there along with PW 4 Babulal Rawat, PW 2 Ram Awtar Rawat, PW 5 Sudarshan Rawat and PW 3 Hiralal Rawat, and appellant Dayanidhi Singh ordered to assault the informant and the other witnesses. Bindu Singh assaulted the informant with bhalla, Anirudh Singh assaulted him with barchha that caused injury on his left arm. Santosh assaulted him with barchha, Ripusudan assaulted him with lathi on the left shoulder. Kashi Nath Singh is said to have fired with a gun causing injury on Ram Kishore Ojha and Ramanand Prasad both of whom died.

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The dying declaration Ext. 3/1 of deceased Ramanand Prasad was examined by Medical Officer PW 15 and in his dying declaration he speaks about Kashi Nath Singh caused bhalla injury upon him and thereafter fired upon him. In all, prosecution had examined 15 witnesses and on going through the witnesses, particularly the dying declaration and the other evidence that has come on record testimony of PW1 Rama Shankar Prasad, PW 2 Ram Awtar Rawat, PW 6 Sonamatiya Devi, PW 8 Diwakar Kurmi it is seen that the deceased Ram Kishore Ojha and Ramanand Prasad died because of the gun shot injury said to have cause by Kashi Nath Singh who has died and whose appeal has been abated. As far as serious injury caused by Bindu Singh is concerned, the same is attributed to appellant Dayanidhi Singh and Bindu Singh who have also died and

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Patna High Court CR. APP (DB) No.69 of 1994 dt.21-11-2017

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their appeal has been abated.

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As far as the surviving appellants Ripusudan Singh, Raj Kumar Singh and Anirudh Singh are concerned, the statement of PW 1 goes to show that omnibus allegations levelled against them, no specific overt act is attributed to them and even though in the FIR both Ripusudan Singh and Raj Kumar Singh are said to have assaulted the informant with bhalla but the same is on non-vital part of the body, i.e. on their hands. The specific act of causing injury on the deceased are by Kashi Nath Singh, Maksudan Singh and Bindu Singh, who have said to have assaulted the deceased with gun causing injury on the vital part of the body.

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Taking into totality of the fact for an incident that took place way back on 22.06.1974,we have no reason to convict the appellants based on the omnibus allegations levelled against them even if they are said to have assaulted some of the persons. The only offence that can be made against under Section 323, IPC for which they has been sentenced to undergo one year rigorous imprisonment They have already undergone part of the sentence. Now, after such a long period of time, particularly when the appellants Ripusudan Singh and Anirudh Singh are more than 72 to 74 years of age, it is a fit case where based on the omnibus allegations levellevd against them it is not feasible or appropriate to convict them with the aid of Section

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Patna High Court CR. APP (DB) No.69 of 1994 dt.21-11-2017

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149/148, IPC. But as they have already undergone sentence substantially for offence under Section 323, IPC they may be granted the benefit of the period of sentence already undergone and we acquit them of the charges levellevd against them under Sections 302/149 and Section 148, IPC convicting them for the offence under Section 323, IPC and sentence them with the period already undergone.

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The appellants are on bail. Their bail bonds are discharged. The appeal stands allowed and disposed of.

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(Rajendra Menon, CJ)

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(Anil Kumar Upadhyay, J)

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mrl./-

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AFR/NAFR	NAFR
CAV DATE	N.A.
UploadingDate	24.11.2017
Transmission Date	24.11.2017

Dayanidhi Singh and Ors. v. State of Bihar

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Dayanidhi Singh and Ors. v. State of Bihar

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