The central legal point established in the judgment is the requirement to prove the charge against the accused persons beyond reasonable doubt, emphasizing the importance of reliable evidence and procedural compliance in criminal cases.

(Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA)

Appellants Fulena Paswan, Ramakant Paswan, Dinesh Paswan and Ram Pratap Paswan have been convicted under Section 302/149 of the IPC and each of them have been sentenced to undergo R.I. for life by the learned Sessions Judge, Begusarai on 26/27th of November, 1990 in connection with Sessions Trial No. 23 of 1989, arising out of Bhagwanpur P.S. Case No. 39 of 1986.

2. Succinctly stated the prosecution case is that Kedar Singh P.W. 6 gave his fardbeyan (Ext. 3), at the Dera of Ram Badan Singh P.W. 2 of village Naula at 08.00 a.m. that in the preceding night he was sleeping at his Dera which was situated towards west of Dera of Ram Badan Singh. His son Suresh Singh (the deceased) was sleeping in the Dera of Ram Badan Singh P.W. 2. At about midnight Suresh Singh cried that he is being killed. On cry of Suresh Singh, the informant rushed to the Dera of Ram Badan Singh and saw some persons escaping in the flash light of torch. The escaping persons were Ram Kishun Paswan, Ram Pratap Paswan, Fulena Paswan and Ram Kumar Paswan. The informant’s son was found soaked with blood. Ram Badan Singh P.W. 2 and Balram Singh P.W. 3 told the informant that the accused persons have put pistol on them also. Besides aforesaid names some more persons were present but they were not identified by the informant. Ram Kishore Paswan @ Ram Kishun Paswan (dead), Ram Pratap Paswan, Fulena Paswan and Ram Kumar Paswan (dead), four persons namely Rajendra Paswan (dead), Nunulal Tanti (dead), Ramakant Paswan and Dinesh Paswan were also present with them. The motive of the occurrence was that on the eve of Holi, a dance was organized which was objected to by the informant’s son Suresh Singh. Second reason was that informant’s another son namely Dinesh Singh was killed prior to this occurrence and the deceased Suresh Singh suspected the involvement of Fulena Paswan, Ram Kumar Paswan and others. Suresh Singh (the deceased) used to tell that he would revenge it with blood. The fardbeyan was witnessed by Gopal Sharan Singh (not examined) and Chandra Bhushan Singh P.W. 7 and the formal FIR (Ext. 4) was registered. Investigation commenced and inquest report of the dead body (Ext. 6) was prepared. Blood was seized and seizure list was prepared. Post-mortem report was obtained. The occurrence was investigated into and the statement of witnesses was recorded. Police found the case to be true so charge sheet was submitted. The court took cognizance and the case was committed to the court of Sessions, where charge under Section 302/149 of the IPC was framed against the appellants and four more persons.

3. Before the trial court the prosecution examined Mahesh Singh as P.W. 1, Ram Baban Singh P.W. 2, Balram Singh P.W. 3, Dr. P. Mishra P.W. 4, Sunil Singh P.W. 5, Kedar Singh P.W. 6, Chandra Bhushan Singh P.W. 7 and I.O. Rajendra Pd. Yadav P.W. 8. On behalf of defence one Bhadari Devi was examined as D.W. 1. The defence exhibited statement of Kajo Singh recorded under Section 164 of the Cr.P.C. as (Ext. A).

4. The trial court after considering the evidence and after hearing the accused as well as the prosecution came to the conclusion that the prosecution has succeeded in proving the charge against the accused persons beyond shadow of all reasonable doubts.

5. Eight persons Rajendra Paswan, Nunulal Tanti, Fulena Paswan, Ramakant Paswan, Dinesh Paswan, Ram Kumar Paswan, Ram Kishore Paswan @ Ram Kishun Paswan and Ram Pratap Paswan were held guilty but during appeal Rajendra Paswan, Nunulal Tanti, Ram Kumar Paswan and Ram Kishore Paswan @ Ram Kishun Paswan died and the four appellants remain here.

6. The defence of the accused was of false implication. The appellants claimed to be agricultural labourers. Suresh Singh was unmarried man having illicit relationship with D.W. 1 and she has begotten two sons through him. The relatives were perturbed about the matter as Suresh Singh wanted to transfer his land to his sons.

7. Now, t