BINOY SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal has been preferred against the impugned judgment of conviction and sentence order dated 30.4.1993 passed by the Addl. Sessions Judge VI, East Champaran in Sessions trial no. 73/121 of 1992 by which and whereunder he convicted the appellants including deceased appellants for the offence punishable under section 302/34 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for life for the offence punishable under the above stated section 302/34 of the Indian Penal Code.

(2.) Originally, the present appeal was filed by all four convicted appellants but during the pendency of this appeal, appellant no.1, Ramswarath Singh and appellant no.3, Bhola Singh died and accordingly, appeal on their behalf was abated vide order dated 29.2017 and accordingly, present appeal has been heard only for the above two appellants, namely, Binoy Singh and Akloo Sahni.

(3.) The brief fact, which lies to file this criminal appeal, is that PW 4 Bindeshwari Singh gave his fardbeyan to PW 7 Chandrika Prasad on 25.7.1991 at 12.30 p.m. to this effect that on the same day, he had gone to Tenhiya tola to inform his labourers and while he was returning from Tenhiya tola and reached east of the aforesaid tola, he saw the appellants and three other FIR named accused assaulting his brother by means of Paghariya. He described the manner in which the appellants and other FIR named persons assaulted his brother. He, further, stated that he tried to save his brother but he was threatened by FIR named accused Nagendra as a result whereof he could not go near his brother. He, further, stated that 14 years ago the uncle of original appellant no.1 was murdered and in the aforesaid murder case, he as well as his deceased brother were made accused and that was the reason, appellants and others committed murder of his deceased brother. He, further, disclosed that the above stated occurrence had taken place at about 7.30 a.m. He, further, stated that the above stated occurrence was witnessed by Biswanath (not examined) , Jiwach Singh (PW5) and Lal Babu (not examined) and others.