BIMLA DEVI Vs. RAJESH SINGH & ANR

JUDGEMENT

(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 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, Laloo Tiwary, 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 and sentence by the two Courts below and Criminal Appeal Nos.1034-1036 of 2010 are filed by the informant Bimla Devi W/o late Lalan 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 Bimla Devi, resident of Village Mangara, P.S. Karakat, District Rohtas, recorded her statement (fardbeyan) at P.S. Karakat, alleging that at 2:00 PM, her father-in-law Kashi Nath Tiwary and her husband Lallan Tiwary were shot dead at their house by the assailants, namely, Uma Shankar Tiwary, 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 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 Sharma and the name of the other assailant was never known.

(3.) After investigation was concluded, the Investigation Officer submitted charge-sheet against accused Uma Shankar Tiwary, Laloo Tiwary, Kamal Narain Singh, Dipendra Tiwary @ Torhi, Pramod Tiwary and Lala Tiwary, for offences punishable under Sections 147, 148, 149, 341, 342, 323, 452, 379, 302 and 201 of the Indian Penal Code, 1860 ("IPC" for short) and Section 27 of the Arms Act. Thereafter a supplementary charge sheet was submitted against accused Rajesh Kumar Singh under the aforesaid sections and also under Section 354 of IPC. The case was committed to the Court of Sessions. During the pendency of the trial, accused Dipender Tiwary was held juvenile, his case was separated and sent to the Juvenile Justice Court. The charges were read over and explained to the accused persons, they pleaded not guilty and claimed for trial.