High Court Patna High Court - Orders

Anil Kumar Singh vs State Of Bihar on 26 October, 2010

Patna High Court – Orders
Anil Kumar Singh vs State Of Bihar on 26 October, 2010
                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CR. APP (DB) No.1028 of 2010
                                       DADAN PANDEY
                                             Versus
                                      STATE OF BIHAR
                                              with
                             CR. APP (DB) No.1068 of 2010
                                  ARBIND PANDEY & ANR
                                             Versus
                                      STATE OF BIHAR
                                              with
                             CR. APP (DB) No.1092 of 2010
                                    ANIL KUMAR SINGH
                                             Versus
                                      STATE OF BIHAR
                                              with
                             CR. APP (DB) No.1120 of 2010
                                      SRIKANT PANDEY
                                             Versus
                                      STATE OF BIHAR
                                              with
                             CR. APP (DB) No.1058 of 2010
                                   JANESHWAR PANDEY
                                             Versus
                                      STATE OF BIHAR
                                          -----------

04. 26.10.2010 Appellants in all these appeals have been

convicted for the offence, punishable under section

302/148, 302/149 of the Indian Penal Code and 27 of

the Arms Act.

Altogether 10 persons were killed in the

occurrence.

The case was instituted on the basis of

Fardbeyan of P.W. 3, Uma Shankar Singh.

The appellant, Dadan Pandey and Srikant

Pandey in Criminal Appeal Nos. 1028 of 2010 and

1120 of 2010, respectively, are said to have killed

Ayodhya Chaurasia.

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The appellant, Janeshwar Pandey in Criminal

Appeal No. 1058 of 2010 and Anil Kumar Singh in

Criminal Appeal No. 1092 of 2010 are said to have

killed Basisth Sah.

Arbind Pandey and Birendra Pandey @

Virendra Pandey are the appellants in Criminal Appeal

No. 1068 of 2010. Arbind Pandey is said to have killed

Sunil Kumar Singh and Birendra Pandey @ Virendra

Pandey is said to have killed Ramashish Paswan.

All these appellants have been identified by

P.W. 3, the informant. Besides that, they have been

identified by some other witnesses also. Out of those

witnesses, the evidence of P.W. 1, P.W. 6 and P.W. 12

have not been relied upon by the Trial Court. So far

P.W. 4 is concerned, since he did not turn up for

cross-examination, his evidence has also not been

considered by the Trial Court for conviction of the

appellants. Then remains only one witness, i.e., P.W.

13. P.W. 13 has also identified some of the appellants,

such as Arbind Pandey and Birendra Pandey @

Virendra Pandey.

Shri Kanhaiya Prasad Singh, Sr. Counsel

appearing on behalf of the appellants, Arbind Pandey

and Birendra Pandey @ Virendra Pandey, in Criminal
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Appeal No. 1068 of 2010, submitted that the medical

evidence do not corroborate the allegation against

these appellants and so far P.W. 13 is concerned, his

evidence would also not be considered for the reason

that he was examined for the first time after 5-6 days

of the occurrence and at the initial stage he has not

disclosed the name of any of the accused.

In all these appeals, this is the submission of

the counsel appearing for the appellants, who have

been represented by Shri Rana Pratap Singh, Shri

Yogesh Chandra Verma, Shri Rama Kant Sharma and

Shri Ajay Kumar Thakur, Sr. Counsels, that this is a

case in which conviction of the appellant is only on

account of single identification. Other submissions

have also been made in support of the appellants’

claim for granting bail.

However, considering the fact that the

incident is not a case of normal occurrence of murder,

rather it is a case of massacre. Several persons have

been killed and so far the killing of 10 persons is

concerned, that is not questionable and identification,

as even by at least one witness, i.e., P.W. 3, Uma

Shankar Singh, is consistent.

Considering this fact, we do not feel inclined
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to grant bail to any of the appellants for the present.

In case the appeal is not heard and decided within a

year, the appellant will have liberty to move and

renew their prayer for bail.

(Mridula Mishra, J.)

(Dharnidhar Jha, J.)
SKM