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IN THE HIGH COURT OF JUDICATURE AT PATNA
BIBEK CHAUDHURI and RANA VIKRAM SINGH, JJ.
(8.9.2026)
Criminal Appeal (DB) Nos. 1048, 1006 and 1247 of 2019
Shyam Nandan Singh & Anr. (in 1048)
Nageshwar Singh @ Nagu Singh (in 1006)
Ram Kedar Singh & Ors. (in 1247) : Appellants
Vs.
State of Bihar : Respondent
Act Referred
Headnote
Indian Penal Code, 1860 – Section 302/149 – Murder – The Investigating Officer failed to seize any offending weapon – two of the accused persons alleged to have pelted bricks stones towards the deceased and other family members, but not a single piece of brick or stone was recovered from the place of occurrence – No piece of brick seized from the place of occurrence to show that the accused persons broke the western side wall of the house of the informant – There are material contradictions in the story narrated by the informant in her fard beyan – While in the fard beyan, it was stated the accused persons were armed with several weapons, the name of weapon allegedly, carried by accused Nageshwar Singh @ Nagu Singh not said – There is case and counter case – Presence of accused Shyam Nandan Singh at the place of occurrence remains doubtful – Accused Shyam Nandan Singh assaulted the deceased with spear resulting in his death – Shyam Nandan Singh given benefit of doubt – Existence of mutual fighting by and between the family members of the informant and the accused persons, receipt of injuries by both sides – Impugned judgment of conviction set aside – Appeals allowed. (Paras 14, 15, 16 and 18)
For the Appellants : Mr. Prem Kumar Jha (in 1048, 1006); M/s Prem Kumar Jha, Rajesh Kumar Jha, Meenakshi Priya, Rishi Raj, Mukesh Mishra, Amit Kumar Jha (in 1247).
For the State : Ms. Ajay Mishra, A.P.P. (in 1048).
For the Respondent: Ms. Shashi Bala Verma, APP (in 1006, 1247).
BIBEK CHAUDHURI, J. – These batch of Cr. Appeals challenge the judgement and order of conviction and sentence, passed against them in Sessions Trial No. 388 of 1996, by the learned Additional Sessions Judge, II Court at Muzaffarpur on 9th of July, 2019, whereby and whereunder, the appellants, namely, Nageshwar Singh @ Nagu Singh, Shyam Nandan Singh, Ram Kedar Singh, Krishna Nandan Singh, Nand Kishore Singh, Rajeev Singh and Sanjiv Singh were convicted. Accused Nageshwar Singh was sentenced to suffer imprisonment for life and also to pay fine of Rs. 10,000/- for the offence punishable under Section 302/149 of the Indian Penal Code and rigorous imprisonment for 10 years and also to pay fine of Rs. 5,000/- for the offence punishable under Section 307/149 of the I.P.C., in default rigorous imprisonment for six months and the remaining convicts were sentenced to suffer imprisonment for life and also to pay fine of Rs. 10,000/- for the offence punishable under Section 302/149/148 of the I.P.C. and sentenced to suffer imprisonment for life and also to pay fine of Rs. 10,000/- each for the offence punishable under Section 302/149 of the I.P.C. and rigorous imprisonment for 10 years and fine of Rs. 5,000/-, in default rigorous imprisonment for six months for the offence punishable under Section 307/149 of the I.P.C. They were also sentenced to suffer rigorous imprisonment for three years for the offence punishable under Section 148 of the I.P.C. The substantive sentences of imprisonment were directed to run concurrently.
2. Kudhni P. S. Case No. 89 of 1994 was registered under Sections 147/148/149/341/337/307/302/504 of the Indian Penal Code on the basis of a fard beyan submitted by one Manti Devi on 23rd of June, 1994, alleging, inter alia, that on the same day at about 10.00 AM one Ram Kripal Singh, a family member of the informant and others were staging bricks to help masons and labourers to repair a wall on the western side of their old house by raising the height of the said wall. In the meantime, the accused persons, namely, Shyam Nandan Singh, Krishna Nandan Singh, Radhika Singh, Nageshwar Singh @ Nagu Singh, Ram Kedar Singh, Nand Kumar Singh, Sanjiv Singh and Rajeev Singh came to the spot and started to demolish the brick built wall by pushing the same. On this, the husband of the informant, namely, Virendra Singh, his father-in-law, Ram Kripal Singh and brother-in-law Awadhesh Kumar Singh told them not to demolish the wall. Resultantly, an altercation between the parties started. Both the parties abused each other. During quarrel, Nageshwar Singh instigated others to kill the family members of the informant. On being instigated, the accused persons, including the appellants went to the Dalan of Nageshwar Singh and immediately returned back with weapons. Shyam Nandan Singh was armed with a spear, Krishna Nandan Singh had a Lathi in his hand, Radhika Singh also came with a Lathi, Ram Kedar Singh with a Daab (a sharp edged weapon), Nand Kishore Singh with a Daab, Rajeev Singh with iron rod and Sanjiv Singh with Lathi in his hand. Seeing them, Ram Kripal Singh raised alarm and asked the accused persons not to resort to fighting amongst each other but the accused persons started pelting pieces of bricks and stones. The father-in-law of the informant was running towards east in order to save himself but Shyam Nandan Singh and Krishna Nandan Singh surrounded him and assaulted him with spear as a result of such assault he fell down. Thereafter, Krishna Nandan Singh assaulted Ram Kripal Singh with the help of Lathi. The husband of the informant Virendra Singh tried to save him but Ram Kedar Singh assaulted him with the help of Daab, causing injury. The brother-in-law of the informant, namely, Awadhesh Kumar Singh, was assaulted by Ram Kedar Singh and Nand Kishore Singh on his ribs with the help of spear, causing bleeding injury on his chest. Accused Sanjiv Singh also assaulted him with the help of Lathi. Meanwhile, one Lila Devi raised
