IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.423 of 2004 ======================================================

1. Shiv Kumar Singh, 2. Deo Kumar Singh, 3. Gorakh Singh, 4. Yogendra Singh, 5. Kamala Singh, all are R/o Village- Kadna, P.S.- Garakha, Distt.- Saran ... ... Appellants Versus State of Bihar ... ... Respondent ======================================================

Appearance:

For the Appellants : Mr. Abhas Chandra, Amicus Curiae For the Respondent : Ms. Anita Kumari Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA

ORAL JUDGMENT

Date: 22-11-2025 As learned counsel appearing for the appellants/convicts has failed to appear repeatedly when this matter was taken on Board for final hearing, therefore, this Court appointed Mr. Abhas Chandra, learned Advocate, as an Amicus Curiae to assist in disposal of present appeal.

2. At the outset, it is submitted that appellant no. 1 (Shiv Kumar Singh) and appellant no. 3 (Gorakh Singh) have died during the pendency of this appeal, therefore present appeal stands abated against them, in terms of report of SSP, Saran, as made available to this Court vide letter no. 856/legal branch, dated 13.10.2025, and therefore now this appeal survives only against appellant no. 2 namely, Deo Kumar Singh, appellant no. 4, Yogendra Singh and appellant no 5, Kamala Singh.

3. The present appeal has been preferred by the appellant-convicts under Section 374(2) of the Criminal Procedure Code (Cr.P.C.), challenging the impugned judgment of conviction dated 28.06.2004 and order of sentence dated 29.06.2004, as passed by learned Additional Sessions Judge, Fast Track Court-IV, Saran, in Sessions Trial No. 117 of 1988, arising out of Garakha P.S. Case No. 18 of 1987, whereby the learned Trial Court has convicted appellants for the offences punishable under Section 307 and 149 of the IPC, where appellants were sentenced to undergo rigorous imprisonment for six years along with fine of Rs. 1000/- each and in default of payment of fine further directed to undergo rigorous imprisonment for three months more. The appellant no. 5 has further been convicted under Section 379 of the IPC and sentenced to undergo rigorous imprisonment for one year. All aforesaid sentences are ordered to run concurrently.

4. The brief facts of the prosecution case as it is apparent from written application lodged by the informant (PW-3) is that on 07.02.1987, he along with his brother Jai Narayan Singh (PW-2) and nephew Kedar Nath Singh (PW-1) went to his neighbour’s house namely, Chinta Devi after hearing her cry. They saw appellant no. 1 assaulting Chinta Devi with fists and slaps. Shiv Nandan Singh, Deo Kumar Singh, Gorakh Singh, Yogendra Singh and Kamala Singh, variously armed, were standing there. Further, when the informant and others tried to save Chinta Devi, Shiv Nandan Singh ordered to assault them. Thereafter, all the accused persons assaulted the informant and Jai Narayan Singh (PW-

2) causing head and bodily injuries.

5. On the basis of aforesaid written application of PW-3, namely, Maheshwar Pd. Singh (informant), Garakha P.S. Case No. 18 of 1987, was registered for the offences punishable under Sections 147, 148, 149, 323, 324, 307 and

379 of the Indian Penal Code.

6. After investigation, police submitted chargesheet, whereafter cognizance was taken by learned Judicial Magistrate upon perusal of materials collected during the investigation and thereafter, supplying the police paper in view of Section 207 of the Cr.P.C committed this case to the Court of Sessions for trial and disposal in term of Section 209 of the Cr.P.C.

7. To substantiate its case, before learned Trial Court the prosecution has examined altogether 8 witnesses.

One defence witness was examined in defence. They are:-

One defence witness was examined in defence. They are:-

One defence witness was examined in defence. They are:-

One defence witness was examined in defence. They are:-

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