IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (DB) No.465 of 2017

Arising Out of PS. Case No.-96 Year-2014 Thana- HUSSAINGANJ District- Siwan

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Sharma Ram Son of Ramaji Ram Resident of Village- Jurkan, P.S.-

Hussainganj, District- Siwan.

... ... Appellant/s

Versus

The State Of Bihar

... ... Respondent/s

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Appearance :

For the Appellant/s

:

Mr.Raghav Prasad, Adv.

For the Respondent/s

:

Mr.Dilip Kumar Sinha, APP

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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR

and

HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY)

Date : 18-08-2023

1. The present appeal has been directed against the

judgment of conviction dated 23.02.2017 and order of sentence

dated 27.02.2017 passed by learned Additional Sessions Judge-III,

Siwan in Sessions Trial No. 446 of 2014 arising out of

Hussainganj P.S. Case No. 96 of 2014 whereby the sole appellant

has been convicted for the offences punishable under Sections 302

and 307 of the I.P.C. and accordingly, he has been sentenced to

suffer life imprisonment for murder of each of deceased Gangiya

Devi and Santosh Kumar Ram under Section 302 of the I.P.C. The

sole appellant has further been sentenced to fine of Rs. 2,500/- for

murder of deceased Gangiya Devi and Rs. 5,000/- for murder of

deceased Santosh Kumar Ram under Section 302 of the I.P.C. The

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appellant has further been sentenced to suffer life imprisonment

for making attempt to commit murder of injured Ramashanker

Ram along with a fine of Rs. 4,000/-, ten years imprisonment and

a fine of Rs. 1,000/- for making attempt to commit murder of

injured Bacchi Kumari and ten years imprisonment and a fine of

Rs. 1,000/- for making attempt to commit murder of injured Manjit

Kumar (informant) for the offence punishable under Section 307

of the I.P.C. The sentences have been ordered to run concurrently.

2. According to fardbeyan (Ext. 11) of informant (PW-

2), the occurrence is of 16.04.2014 at near about 9:00 PM for

which fardbeyan was recorded by S.I. Satyendra Prasad of

Hussainganj police station District Siwan at emergency ward of

Sadar Hospital, Siwan on the same day at 11:45 PM and

immediately whereafter FIR was registered.

3. The prosecution case, as stated by the informant, in

brief, is that on the fateful day i.e. 16.04.2014 at 9:00 PM when

informant reached to his house after doing work from Siwan, the

appellant and others started abusing the informant at his residence

situated at village Jurkan. At the relevant time, co-accused,

namely, Hira Lal Ram, his wife, and Baby Devi began to assault

the informant. Meanwhile, the informant's father Rama Shankar

Ram (PW-1) and informant's brother Santosh Kumar Ram (since

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deceased) came to rescue the informant (PW-2) but they were also

abused. The informant's mother Gangiya Devi (since deceased)

came and started to pacify the scuffle. Meanwhile, the appellant

came with pasuli and pierced into the chest of informant's mother

Gangiya Devi (since deceased). The appellant also pierced pasuli

upon the back of informant's brother Santosh Kumar (since

deceased). It is also claimed by the informant that appellant hit the

informant's father (PW-1) as a result of which he sustained cut

injury at four to five places. It is also claimed that all the three

injured fell down on the ground and began to scream. It is also

stated by the informant (PW-2) that appellant also assaulted on the

informant's right hand due to which he sustained injury on hand.

Thereafter informant ran towards the field and began to cry. On the

arrival of villagers appellant and other fled away. It is assert