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IN THE SUPREME COURT OF INDIA
J.M. Shelat, I.D. Dua and H.R. Khanna, JJ.
Ramlagan Singh
Versus
State of Bihar
Crl. A. No. 121 of 1970.
Decided On : 17 August 1972
CRIMINAL LAW - MURDER - SECTION 302, 304 PART II, 147, 148, 323, 109, INDIAN PENAL CODE - COMMON OBJECT OF UNLAWFUL ASSEMBLY - LIABILITY FOR MURDER - INTENTION TO KILL - KNOWLEDGE OF LIKELIHOOD OF DEATH - APPRECIATION OF EVIDENCE - SECTION 136, CODE OF CRIMINAL PROCEDURE.
Fact of the Case:
13 appellants were convicted for various offenses, including murder, rioting, and assault. The main charge was against two brothers, Ramlagan Singh and Suresh Singh, for causing the death of Tulsi Yadav. The trial court convicted them under sections 302 and 148, IPC, and sentenced them to life imprisonment for murder and two years of rigorous imprisonment for rioting. The Patna High Court altered their conviction to section 304, Part II, IPC, and sentenced them to eight years of imprisonment.
Finding of the Court:
The Supreme Court upheld the High Court's judgment, finding no reason to interfere. It accepted the evidence of five eyewitnesses who testified about the occurrence and the injuries inflicted on Tulsi, leading to his death. The court noted that the prosecution had established that Ramlagan Singh and Suresh Singh caused the incised wounds on Tulsi's body, resulting in his death.
Issues: 1. Whether the evidence sufficiently established the guilt of the accused beyond a reasonable doubt. 2. Whether the trial court and the High Court erred in their appreciation of the evidence, particularly regarding the injuries on the accused and the cross-case against the prosecution witnesses.
Ratio Decidendi: 1. The court relied on the testimonies of five eyewitnesses who provided consistent accounts of the occurrence and identified Ramlagan Singh and Suresh Singh as the ones who inflicted the fatal injuries on Tulsi. 2. The court held that the non-mention of injuries on the accused in the prosecution evidence was not sufficient to discredit the eyewitness accounts, especially considering the fear of implication in a cross-case.
Final Decision: The Supreme Court dismissed the appeal, upholding the High Court's judgment. The convictions and sentences of the appellants were confirmed.
2. The 13 appellants and Kameshwar Singh were tried in the Court of the Additional Sessions Judge, Gaya, for various offences. The main charge was against Ramlagan Singh and Suresh Singh, who are both brothers, for an offence under section 302, Indian Penal Code, for causing the death of Tulsi Yadav. There were also charges under section 302 read with section 109, section 302 read with section 149, sections 324, 147 and 148, Indian Penal Code. The charge under section 324, related to the injuries caused to Narsingh Yadav, P.W. The trial Court acquitted Kameshwar Singh. Ram Suresh Singh and Ramlagan Singh were convicted under sections 302 and 148, Indian Penal Code, and each of them was sentenced to undergo imprisonment for life on the former count and rigorous imprisonment for a period of two years on the latter count. Ramdutt Singh was convicted under section 147 and section 323 read with section 109, Indian Penal Code. He was awarded a sentence of rigorous imprisonment for a period of one year on the former count. No sentence was awarded to him for the offence under section 323 read with section 109, Indian Penal Code. Karoo Singh was convicted under section 148, Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of two years. Ambika Singh, Saligram Singh and Amrica Singh were convicted under section 323, Indian Penal Code and ware sentenced to undergo rigorous imprisonment for a period of one year. They were also convicted under section 147, Indian Penal Code and were sentenced to undergo rigorous imprisonment for a period of one year. Awadh Singh, Ram Nandan Singh, Ram Swaroop Singh, Bhondu Singh, Sheodutta Singh and Bali Singh were convicted under section 147, Indian Penal Code, and each of them was sentenced to undergo rigorous imprisonment for a period of one year. The sentences awarded to each of the accused were ordered to run concurrently. On appeal the Patna High Court altered the conviction of Ramlagan Singh and Suresh Singh accused from under section 302 to that under section 304, Part II, Indian Penal Code. Each of these two accused was sentenced to undergo imprisonment for a period of eight years on that count. In other respects, the appeals filed by the 13 accused-appellants were dismissed.
3. The prosecution case is that on 24th August, 1965, Tulsi deceased, along with his brother Raj Kumar (P.W.9) and Narsingh Yadav (P.W.2), proceeded from his village Haanpur to Dhia maket. When they passed near the field of Ramdutt accused in the area of village Baraini, Ramdutt shouted that the enemy was passing that way. On the shout of Ramdutt accused, ‘he other accused who were nearby, came there. Four of the accused, namely, Ramlagan Singh, Suresh Singh, Kameshwar Singh and Karoo Singh were armed with gandasas while the others were armed with lathis. Ramlagan Singh and Suresh Singh then gave gandasa blows on the head of Tulsi. Tulsi full down and was given further gandasa blows by Ramlagan Singh and Suresh Singh. The other accused, who were armed with lathis, also joined in the assault. Karoo Singh gave a ganda a blow at the back of Narsingh Yadav. P. W. Narsingh Yadav was also given lathi blows by Amrica Singh, Ambika Singh and Saligram. Narsingh Yadav on receipt of injuries ran away, while Tulsi died at the spot. The occurrence, it is stated, was also witnessed by Tapeshwar Singh (P.W.1), Lakhan Singh (P.W.3) and Jaglal Yadav (P.W.5). These three witnesses were present in the near by fields at the time of the occurrence. The accused after causing injuries ran away.
4. Raj Kumar, P.W. accompanied by Tapeshwar Singh, P.W., went to police station Belaganj at a distance of 8
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