IMPORTANT POINT
Life imprisonment is the rule and death penalty is an exception. It is equally settled law that death penalty can only be awarded in rarest of the rare cases. No doubt each case of murder is gruesome and barbaric, however, the right of life of even an accused has to be respected.

Headnote:Criminal Trial – Indian penal Code, 1860 – S. 302/34, 201, 148 and 452 of IPC – Appeals against conviction – High Court allowed appeal of accused Rajesh Singh and acquitted him of all the charges – Conviction of other four accused, namely, Uma Shankar Tiwary, Laloo Tiwary, Pramod Tiwary and Lala Tiwary upheld by High Court and their appeals were dismissed – Rajesh Singh nowhere named in FIR or Police statement and his alleged role was testified only at trial stage, after about more than 2 years of incident – None of witnesses named respondent Rajesh Singh directly and they did not even identify him in Court at trial while they specifically recognized other accused present in Court – Benefit of doubt extended – Prosecution case against rest appellant supported by six strong and cogent eye witnesses, further corroborated by medical evidence and recovery memos – prosecution case strongly backed by testimonies of six eye witnesses who testified incident in almost similar terms – Procedural lapse in not sending FIR promptly, did not prejudice the case – Fact of homicidal death not in dispute – Manner in which death occurred also not disputed – Merely name being overwritten will not help defence, when contents of inquest report was supported by eye witnesses and also medical evidences – No ground to interfere with judgment passed by High Court. (Paras 7 to 14)
       Facts of the Case:
       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.
       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.
       Trial Court by its judgment and order dated 13.05.2002, convicted the accused and sentenced them to rigorous imprisonment for life. The Trial Court convicted Uma Shankar Tiwary, Laloo Tiwary, Pramod Tiwary, Lala Tiwary, Rajesh Singh and Kamal Narain Singh for offences under Sections 302/34, 201, 148 and 452 of IPC and sentenced them to rigorous imprisonment for life for the offence under Section 302/34 IPC, further rigorous imprisonment for four year for offence under Section 201, imprisonment of four years for offence under Section 452 and rigorous imprisonment for six months for offence under Section 323 IPC. Uma Shankar Tiwary, Laloo Tiwary and Pramod Tiwary were further sentenced to pay a fine of Rs.10000/- each.
       Four different appeals were filed before the High Court by five accused persons against the aforesaid conviction order. The sixth accused Kamal Narain Singh is absconding against which permanent Warrant of Arrest in red ink has been issued. The High Court allowed the appeal of accused Rajesh Singh and acquitted him of all the charges. However, the conviction of other four accused, namely, Uma Shankar Tiwary, Laloo Tiwary, Pramod Tiwary and Lala Tiwary was upheld by the High Court and their appeals were dismissed.
       Finding of the Court:
       No grounds to interfere with the judgment passed by the High Court.
       Result: Appeals dismissed.

Judgment :

Pinaki Chandra Ghose, J.

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.

4. The Trial Court by its judgment and order dated 13.05.2002, convicted the accused and sentenced them to rigorous imprisonment for life. The Trial Court convicted Uma Shankar Tiwary, Laloo Tiwary, Pramod Tiwary, Lala Tiwary, Rajesh Singh and Kamal Narain Singh for offences under Sections 302/34, 201, 148 and 452 of IPC and sentenced them to rigorous imprisonment for life for the offence under Section 302/34 IPC, further rigorous imprisonment for four year for offence under Section 201, imprisonment of four years for offence under Section 452 and rigorous imprisonment for six months for offence under Section 323 IPC. Uma Shankar Tiwary, Laloo Tiwary and Pramod Tiwary were further sentenced to pay a fine of Rs.10000/- each.

5. Four different appeals were filed before the High Court by five accused persons against the aforesaid conviction order. The sixth accused Kamal Narain Singh is absconding against which permanent Warrant of Arrest in red ink has been issued. The High Court allowed the appeal of accused Rajesh Singh and acquitted him of all the charges. However, the conviction of other four accused, namely, Uma Shankar Tiwary, Laloo Tiwary, Pramod Tiwary and Lala Tiwary was upheld by the High Court and their appeals were dismissed.

6. The Trial

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2015 Supreme(SC) 1188

IMPORTANT POINTLife imprisonment is the rule and death penalty is an exception. It is equally settled law that death penalty can only be awarded in rarest of the rare cases. No doubt each case of murder is gruesome and barbaric, however, the right of life of even an accused has to be respected.

IMPORTANT POINT
Life imprisonment is the rule and death penalty is an exception. It is equally settled law that death penalty can only be awarded in rarest of the rare cases. No doubt each case of murder is gruesome and barbaric, however, the right of life of even an accused has to be respected.