Cri. Appeal Nos. 154 and 178 of 1998. Case: Dinesh Singh and Ors etc. Vs State of Bihar (now Jharkhand). Jharkhand High CEGAT & CESTAT High Court

Case NumberCri. Appeal Nos. 154 and 178 of 1998
CounselFor Appellants: M/s. T.R. Baja, Sr. Counsel and R. Singh, Adv. and For State: B. B. Sinha, A.P.P.
JudgesN. Dhinakar, C.J. and R. R. Prasad, J.
IssueIndian Penal Code (45 of 1860) - Sections 302, 34
Citation2006 CriLJ 3560
Judgement DateMay 01, 2006
CourtJharkhand High CEGAT & CESTAT High Court


  1. The appellants in Cr. Appeal No. 154/1998R are A3, A4, A5 and A6 and the appellants in Cr. Appeal No. 178/1998R are A2 and A1 respectively on the file of 4th Addl. Sessions Judge, Palamau at Daltonganj, in S.T. No. 35/1996. In the judgment, the appellants of Cr. Appeal Nos. 154 and 178 of 1998 R will be referred as A1 to A6 in the same order as they were arrayed before the Sessions Judge for the sake of convenience and the above two appeals are disposed of by the following common judgment.

  2. The deceased Kamta Singh was charged for the murder of the father of A3, Dinesh Singh. After the trial, Kamta Singh was acquitted. Therefore, the accused, who were related to each other, were nurturing a grievance against the deceased Kamta Singh, and this is said to be the motive for the occurrence.

  3. On 21-8-1995, all the accused persons, deceased and P.W. 8, Yogendra Singh, who is the cousin of the deceased Kamta Singh, as well as other villagers went to attend the funeral procession of Bijay Nandan Singh, who died in the village. After the cremation was over at Deowaria Ghat near the bank of Sona river, all the witnesses, the deceased and the accused returned. When the deceased reached Harihar Chawk, the deceased and P.W. 8 as well as some villagers went to the Tea Stall of Rameshwar Sao to take tea. After taking tea, while Kamta Singh went to find out the availability of Kerosene Oil, the others including Brihaspati Singh (who turned hostile) went to a Bettle Shop, which was 100 yards away from the Tea Stall. While P.W. 8, Yogendra Singh, and others were buying beetle leaves and nuts, they heard gun shoots. They reached the place from where gun shot emanated, and found A1 to A6 surrounding the deceased Kamta Singh, who was trying to run away from the place. When P.W. 8 went there, he saw the deceased being assaulted by Fasuli in indiscriminate manner by all the accused. At that time, A1 to A6 ran away from the place. The occurrence was witnessed, according to the prosecution, by P.W. 1 Deogovind Singh, P.W.2 Jaigovind Singh and P.W. 8 Yogendra Singh. Thereafter a complaint, Ext. 5, was given at the police station by P.W. 8 Yogendra Singh, on the basis of which a crime was registered.

  4. Investigation in the crime was taken up by Sidheshwar Prasad Singh, who was examined as P.W. 9, who on reaching the scene of occurrence, conducted inquest over the dead body by preparing inquest report, Ext. 6. After the inquest, the body was sent to the...

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