VIJAY SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) On 30/8/1985, Neelam breathed her last in Simaltalla, PS Sikandra, District Munger, Bihar. The factum of her death was discovered in furtherance of the written report lodged by the informant and brother-in-law of the deceased, namely, Ramanand Singh (examined as PW18 before the Trial Court(Prosecution witness or PW)) wherein he alleged that Neelam was abducted by seven persons from their house in an incident which occurred at around 10:00 PM on the said day. On the basis of this information, an FIR bearing no. 127 of 1985 was lodged at PS Sikandra and investigation was commenced which led to the filing of a chargesheet against the seven accused persons, namely - Krishna Nandan Singh (Accused No.1), Ram Nandan Singh (Accused No.2), Raj Nandan Singh (Accused No.3), Shyam Nandan Singh (Accused No.4), Bhagwan Singh (Accused No. 5), Vijay Singh (Accused No. 6) and Tanik Singh (Accused No.7).

(2.) The Trial Court charged all seven accused persons for the commission of offences punishable under Ss. 323, 302, 364, 449, 450, 380/34 and 120-B of the Indian Penal Code, 1860(Hereinafter referred as "IPC"). Later, accused nos. 6 and 7 were distinctly charged for the commission of offences punishable under Ss. 342, 506 read with Sec. 34 of IPC. After trial, the Trial Court, vide order dtd. 5/6/1992, convicted the accused persons listed as accused nos. 1, 2, 3, 4 and 5 for the commission of offences under Sec. 302/34 and 364/34 of IPC. They were acquitted of all other charges, and accused nos. 6 and 7 were acquitted of all the charges.

(3.) The convicts preferred an appeal before the Patna High Court against the order of conviction and the State preferred an appeal before the High Court against the order of acquittal of the two accused persons. The Patna High Court, vide a common judgment dtd. 26/3/2015(Passed in Govt. Appeal (DB) No. 16/1992, Criminal Appeal (DB) No. 219/1992 and Criminal Appeal (DB) No. 271/1992), upheld the conviction of the five convicts and set aside the acquittal of accused nos. 6 and 7 by finding them guilty of the commission of offences under Ss. 364/34 and 302/34 of IPC. Accordingly, accused nos. 6 and 7 were also convicted and were sentenced to undergo rigorous life imprisonment on each count. The present batch of appeals assail the order/judgment dtd. 26/3/2015 of the Patna High Court.