BIRANSINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The three appellants to this appeal are brothers. They were tried along with the fourth brother, Bankey Singh, under Sec. 302 read with Section 34, Penal Code and for other incidental offences.. The charge against them was that at about 6 p. m. on February 25, 1965 they committed the murder of one Brahmdeo Rai and caused injuries to two others:Ram Swaroop Yadav and Anup Rai . All the four accused were acquitted by the learned Additional Sessions Judge, Monghyr. The appeal filed by the State of Bihar against the order of acquittal was allowed by the High Court of Patna which convicted the appellant Biran Singh under Section 302, Penal Code and sentenced him to imprisonment for life. The appellant Hiran Singh was sentenced to a similar term but under Section 302 read with Section 34. The appellant Hirday Singh was convicted under Section 323 and a sentence of four months was imposed on him. The fourth brother, Bankey Singh, died during the pendency of the appeal in the High Court. This appeal by special leave is directed against the judgment of the High Court.

(2.) On February 25, 1965 the deceased Brahmdeo Rai had gone to see a wrestling bout in a village called Laraiya Taur along with his elder brother, Anup Rai, and Ram Swaroop Yadav. While they were returning, they met the appellants and their brother Bankey Singh. The deceased asked the appellant Biran Singh as to why he was scandalising him and while they were arguing out their differences, Bankey Singh is alleged to have exhorted Biran Singh to kill Brahmdeo Rai. The appellants, Hirday Singh and Hiran Singh came in the meanwhile with lathis in their hands. Biran Singh inflicted a sword blow on the head of the deceased while Hiran Singh is alleged to have given a blow with a lathi on the chest of the deceased. Bankey Singh and Hirday Singh are said to have assaulted the deceased with kicks and slaps. Anup Rai tried to rescue his brother but he and Ram Swaroop Yadav were also beaten by the appellants.

(3.) The trial court acquitted all the four accused on the ground that the First Information Report was lodged after a long delay for which there was no satisfactory explanation, that the witnesses examined by the prosecution in support of its case were partisans of the deceased; that the witnesses had failed to offer any explanation at all of the injuries received by two of the accused; that the evidence did not shed sufficient light on the origin of the incident; that the prosecution story was unnatural and improbable and lastly that Narayan, the son of Anup Rai, though a material witness was not examined by the prosecution.