The judgment addresses the sufficiency of evidence in murder and conspiracy cases, emphasizing that mere presence or signaling cannot constitute complicity in a crime.

CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

8 03-12-2025 Heard Sri Pratik Mishra, the learned counsel appearing for the appellants, Sri Animesh Gupta, the learned counsel appearing for the informant and the learned A.P.P. for the State, Sri Binod Bihari Singh on the issue of suspension of sentence and grant of bail qua the appellants herein.

2. After some arguments, the learned counsel for the appellants seeks not to press the prayer of suspension of sentence and grant of bail qua the appellant No. 1, namely Bittu Singh @ Aniket Kumar Singh @ Aniket Singh, appellant No. 3, namely Karku Singh and the appellant No. 4, namely Amit Vikram Maharana @ Bikki Singh, however submits that liberty be reserved to the said appellants to file appropriate petition for suspension of sentence and grant of bail as and when advised.

3. The learned APP for the State has got no objection to the aforesaid prayer made on behalf of the appellant No. 1, appellant No. 3 and appellant No. 4.

4. Accordingly, the prayer of the appellant Nos. 1, 3 and 4 for suspension of sentence and grant of bail is dismissed as not pressed for the present, however liberty is reserved to the said appellants to file fresh petition for suspension of sentence and grant of bail as and when advised.

5. The present appeal has been preferred against the judgment of conviction and the order of sentence dated 21.09.2024 and 25.09.2024 respectively passed by the learned 2^nd Additional Sessions Judge, Purnea in Session Trial No. 367 of 2009 (arising out of K. Hat P.S. Case No. 352 of 2008) whereby and whereunder while the appellant No. 1 has been convicted under Section 302 read with Section 120B of the Indian Penal Code (hereinafter referred to as “the I.P.C.”), the appellant Nos. 2 to 5 have been convicted under Section 120B read with Section 302 of the IPC. By the order of sentence dated 25.09.2024, while the appellant No. 1 has been sentenced to undergo rigorous imprisonment for life U/s. 302 read with Section 120B of the IPC with fine of Rs.10,000/- and in default to pay the same, he has been directed to further undergo simple imprisonment for three months, the appellant Nos. 2 to 5 have been sentenced to undergo rigorous imprisonment for life U/s. 120B read with Section 302 of the IPC with fine of Rs.10,000/- and in default to pay the same, he has been directed to further undergo simple imprisonment for three months

6. The records of this appeal have been placed before this Court to consider the prayer of the remaining appellant No. 2, namely Bajrang Singh @ Bajrangi Singh and the appellant No. 5, namely Raman Singh for suspension of their sentence and release on bail during the pendency of the appeal.

7. The short facts of the case, as per the fardbeyan of the informant, namely Pramila Devi (P.W.3) is that on 5.9.2008 at about 2.45 pm her son, namely Malai Singh was taking her on a Yamaha motorcycle for opening Bank account and on the way, the appellant No. 2, namely Bajrangi Singh had signaled Malai Singh to stop, whereafter the son of the informant had stopped the motorcycle, after which from the side of Srinagar, two motorcycles being driven by Bikki Singh (appellant No. 4), Bittu Singh (appellant No. 1), Rintu Singh and Karku Singh (appellant No. 3) had arrived, whereupon they had made the informant alight from the motorcycle and then Bittu Singh had taken out weapon from his waist and had fired gunshot on the head of the son of the informant, namely Malai Singh, resulting in him falling down. Thereafter, Bikki Singh (appellant No. 4) had fired from the weapon being held by him in his hand on the forehead, eardrum, neck and stomach of Malai Singh. In the surrounding, for helping these people Bua, Raman Singh (Appellant No. 5) and one Manjeet Jha were present. All the accused persons, thinking that Malai has died, had fled away towards Srinagar on their motorcycles and