w w w . L a w y e r S e r v i c e s . i n



State Of Bihar v/s Birendra Singh


Company & Directors' Information:- BIRENDRA SINGH AND CO. PRIVATE LIMITED [Strike Off] CIN = U27101DL1994PTC057953

Company & Directors' Information:- BIRENDRA & BIRENDRA PRIVATE LIMITED [Active] CIN = U00330BR1958PTC000629

Company & Directors' Information:- S. SINGH AND COMPANY PRIVATE LIMITED [Active] CIN = U51100MP2010PTC025020

Company & Directors' Information:- S. SINGH AND COMPANY PRIVATE LIMITED [Active] CIN = U70100MP2010PTC025020

Company & Directors' Information:- SINGH AND CO PVT LTD [Strike Off] CIN = U36101PB1982PTC005152

    Govt. Appeal (db) no.58 of 1988

    Decided On, 01 April 2010

    At, High Court of Bihar

    By, THE HONOURABLE MR. JUSTICE DHARNIDHAR JHA & THE HONOURABLE MR. JUSTICE AKHILESH CHANDRA

    For the Appearing Parties: Sushri Shashi Bala Verma, Kanhaiya Prasad Singh, Atal Bihari, Advocates.



Judgment Text

DHARNIDHAR JHA AND AKHILESH CHANDRA, JJ.

(1.) The present Govt. appeal questions the order of acquittal passed by the learned 3rd Additional Sessions Judge, Ara on 28.6.1988 in Sessions Trial No.305 of 1985 by which the five respondents were acquitted of charges under Sections 302/149 and 148 and 27 of the Arms Act.

(2.) The case related to the murder of one Shatruhan Singh when he had been detained while he was returning along with others after attending a feast. It was alleged that the respondents caught hold of the hands, feet or waist of the deceased Shatruhan Singh while respondent, Birendra Singh cut his throat. It is alleged that at that time Rampeyar Singh was armed with a gun and he was ordering the accused persons to cut the neck so that the said Shatruhan Singh was not left alive.

(3.) The fardbeyan of Bishuni Singh(P.W.7)was recorded and the investigation was initiated, after close of which, the respondents were sent up for trial. Nine witnesses were examined in course of the trial and they stated that they had seen the occurrence in the flash of the torch light and that respondents had assaulted the deceased at different parts of his body, like, head and hands, besides telling the learned trial court that the neck of the deceased was cut by respondent Birednra Singh.

(4.) The learned trial Judge held that the story of seeing the occurrence at the flash of torch light was not acceptable inasmuch as no torch was produced or seized by the police officer. It was further held that the parties were deeply inimical towards each other and the probability could be that the respondents had falsely been implicated. It was further held by the learned trial Judge after appreciating the evidence of witnesses, like, P.Ws.2, 5 and 7 that they had developed the story by introducing the same in their evidence. The story of multiple blows given by respondent Birendra Singh to the deceased was developed only after the prosecution had considered the postmortem examination report which had found more than one injury on the dead body. The learned trial Judge held that the initial story of one blow by which the neck of the deceased was cut, appears given a go-by by the prosecution witnesses and further that the witnesses were improving upon their evidence from stage to stage.

(5.) We have considered the findings recorded by the learned trial Judge in the light of the evidence available to us and we find that the trail of blood was found flowing up to a distance of 6 at the place of occurrence which indicated that the neck had been cut only when the deceased was lying on the place of occurrence but the witnesses have stated that while the deceased was standing up, he was given several blows by the respondent Birendra Singh on his head and other parts of his body as a result of which, he fell down and thereafter, his throat was cut. This improvement made by the witnesses in their testimony has been found not stated to P.W.9, the investigating officer of the case who has categorically stated that the witnesses had not stated the above fact to him. The other circumstance, which we also find from the evidence, was that the deceased was surrounded or captured by the respondents in the manner as alleged by being caught by organs of the body who, curiously enough, does not appear raising any alarm so as to soliciting help from others or seeking intervention of others to save him. Some of the members of the family or the neighbours, like, Buti Singh, Sitapati Singh, Umesh Singh had also not been examined. The witnesses stated that it was not that they had flashed their torch lights once to see the occurrence rather they kept flashing their torch lights at the time of the occurrence so as to see the whole of it. The learned trial Judge found it not acceptable inasmuch as the witnesses themselves were stating that one of the accused, namely, Rampeyar Singh was holding a gun and was threatening others. If Rampe

Please Login To View The Full Judgment!

yar Singh was holding a gun and was bent upon ensuring that Shatruhan Singh was murdered, he would not have allowed the witnesses to flash the torch light so that they could see the occurrence and depose in court. We find the findings recorded by the learned trial Judge also a possible finding and the view taken by the learned trial Judge a probable view and as a result of which, we find no merit in the Govt. appeal and the same is dismissed.
O R







Judgements of Similar Parties

26-05-2020 Guru Nanak Industries, Faridabad & Another Versus Amar Singh (Dead) Through Lrs. Supreme Court of India
26-05-2020 Ombir Singh Versus State of Uttar Pradesh & Another Supreme Court of India
21-05-2020 Dr. Mulayam Singh Yadav Versus State of MP & Others High Court of Madhya Pradesh Bench at Gwailor
21-05-2020 Abhay Singh Versus Bharatiya Reserve Bank Note Mudran (P) Limited, Represented by its Managing Director & Others High Court of Karnataka
20-05-2020 The Bank of New York Mellon, Through its attorney Navneet Singh Versus Indowind Energy Limited, Nungambakkam, Chennai High Court of Judicature at Madras
20-05-2020 Harpal Singh Versus State of Haryana High Court of Punjab and Haryana
20-05-2020 M/s. Prithvi Singh Versus Asst. Commissioner (South), Govt of NCT of Delhi High Court of Delhi
19-05-2020 Maha Singh Versus State of Madhya Pradesh High Court of Chhattisgarh
19-05-2020 Dipu Singh @ Hulo Versus The State of West Bengal High Court of Judicature at Calcutta
18-05-2020 Most. Sangeeta Singh Versus Bindhyachal Singh High Court of Judicature at Patna
15-05-2020 Malvinder Mohan Singh Versus State & Another High Court of Delhi
13-05-2020 Jagmail Singh & Another Versus Karamjit Singh & Others Supreme Court of India
13-05-2020 Shiv Prasad Singh Versus Nageshwar Kumar & Others High Court of Judicature at Patna
13-05-2020 Kumar Bimal Prasad Singh & Others Versus Hare Ram Singh & Others High Court of Judicature at Patna
12-05-2020 Jodhan Singh & Another Versus State of U.P. High Court of Judicature at Allahabad
08-05-2020 State (Through) Central Bureau of Investigation Versus Kalyan Singh (Former CM of Up) & Others Supreme Court of India
06-05-2020 Sarmukh Singh & Others Versus Govt. of N.C.T. of Delhi & Others High Court of Delhi
06-05-2020 Triloki Nath Singh Versus Anirudh Singh(D) Thr. Lrs & Others Supreme Court of India
06-05-2020 Punjab National Bank & Others Versus Atmanand Singh & Others Supreme Court of India
05-05-2020 Mahendra Singh Versus Commissioner of Police & Others High Court of Judicature at Bombay
30-04-2020 Sardar Manjieeth Singh Jagan Singh Versus The State of Maharashtra, Through its Secretary, Revenue and Forest Department, Mantralaya & Others In the High Court of Bombay at Aurangabad
30-04-2020 Dr. Somu Singh & Others Versus Union of India & Others High Court of Judicature at Allahabad
30-04-2020 Mahendra Singh Versus Commissioner of Police & Others High Court of Judicature at Bombay
30-04-2020 For the Petitioner: Suo Moto, Deba Siddiqui, Swetashwa Agarwal, Advocates. For the Respondent: G.A., Manish Singh, Rajrshi Gupta, Advocates. High Court of Judicature at Allahabad
29-04-2020 Col Ramneesh Pal Singh Versus Sugandhi Aggarwal High Court of Delhi
24-04-2020 Arvind Singh Versus The State of Maharashtra Supreme Court of India
22-04-2020 Ram Subhag Singh & Others Versus The State of Jharkhand & Others High Court of Jharkhand
22-04-2020 Hira Singh & Another Versus Union of India & Another Supreme Court of India
21-04-2020 State of U.P. through Principal Secretary, Chikitsa Shiksha Evam Parshikshan, Government of U.P., Lucknow & Others Versus Dr. Raj Kamal Singh High Court of Judicature at Allahabad
21-04-2020 Mahadeo Construction Co. at Chhatarpur, Palamau Through its partner Anil Kumar Singh Versus The Union of India through the Commissioner, Central Goods & Services Tax, Ranchi & Others High Court of Jharkhand
17-04-2020 Dr. Thingujam Achouba Singh & Others Versus Dr. H. Nabachandra Singh & Others Supreme Court of India
17-04-2020 Diljit Singh Bindra Versus Life Insurance Corporation of India Supreme Court of India
16-04-2020 Krishnapal Singh Versus Managing Director U.P.S.R.T.C. & Others High Court of Judicature at Allahabad
15-04-2020 Harnam Singh Versus Union of India & Others Supreme Court of India
15-04-2020 Bijender Singh Versus State & Another High Court of Delhi
08-04-2020 Shahid Bhagat Singh Cooperative Housing Society Versus The State of Maharashtra & Others High Court of Judicature at Bombay
08-04-2020 Ramjit Singh Kardam & Others Versus Sanjeev Kumar & Others Supreme Court of India
06-04-2020 Dr. Shivender Mohan Singh (In J.C.) Versus State of NCT of Delhi & Others High Court of Delhi
20-03-2020 Chetan Singh Versus R.C. Chadda High Court of Delhi
19-03-2020 Akshay Kumar Singh Versus Union of India & Others Supreme Court of India
19-03-2020 Gajender Singh Versus The State (GNCT of Delhi) & Another High Court of Delhi
19-03-2020 Ram Chandra Prasad Singh Versus Sharad Yadav Supreme Court of India
19-03-2020 Gurcharan Singh & Others Versus Angrez Kaur & Another Supreme Court of India
18-03-2020 Bhagwan Singh Versus State of Uttarakhand Supreme Court of India
18-03-2020 Ranvijay Singh @ Dharaka Singh Versus The State of Bihar High Court of Judicature at Patna
17-03-2020 Meghna Singh (Through: Her Natural Guardian) Avita D Lal Versus Central Board of Secondary Education & Another High Court of Delhi
16-03-2020 Munna Kumar Singh Versus State of NCT of Delhi High Court of Delhi
13-03-2020 GBM Developers & Promoters P Ltd., Through its Director, Subhash Bansal, Chandigarh Versus Col. Sukhwant Singh Saini National Consumer Disputes Redressal Commission NCDRC
13-03-2020 Gyanendra Singh & Others Versus State Of U.P. Through Addl. Chief Secy./Prin. Secy. Finance & Others High Court Of Judicature At Allahabad Lucknow Bench
13-03-2020 Gurmukh Singh Lehal Versus Ajanta Coop. House Building (1st) Society Ltd., Chandigarh & Another National Consumer Disputes Redressal Commission NCDRC
13-03-2020 Ashawati Singh & Others Versus Life Insurance Corporation off India, Thrpugh Divisional Manager, Allahabad National Consumer Disputes Redressal Commission NCDRC
13-03-2020 A. K. Singh, Chief Publicity Inspector, Public Relation Office, Northern Railway, New Delhi Versus General Manager, Northern Railway, New Delhi & Another Central Administrative Tribunal Principal Bench New Delhi
12-03-2020 Ramesh Chandra Singh & Another Versus Central Bureau of Investigation High Court of Judicature at Calcutta
12-03-2020 Vijay Kumar Singh Versus Rana Cooperative Housing Society & Others National Consumer Disputes Redressal Commission NCDRC
11-03-2020 Ajay Sharma & Others Versus Kulwant Singh High Court of Delhi
11-03-2020 Uaday Singh Versus State & Another High Court of Delhi
06-03-2020 Shambhu Singh Chauhan & Another Versus State of MP. High Court of Madhya Pradesh
06-03-2020 Pankaj Kumar Singh Versus National Thermal Power Corp Ltd. & Others High Court of Madhya Pradesh
06-03-2020 Soban Singh Versus State & Another High Court of Delhi
05-03-2020 Divisional Manager, Oriental Insurance Co. Ltd., Divisional Office, Mythe Estate, Kaithu, Shimla, Himachala Pradesh Versus Bir Singh Rana National Consumer Disputes Redressal Commission NCDRC
05-03-2020 Gajendra Singh Versus State of Madhya Pradesh High Court of Madhya Pradesh Bench at Gwailor
04-03-2020 Kiki Doma Bhutia Versus Bijendra Kumar Singh High Court of Sikkim
04-03-2020 Omprakash Singh Narwariya Versus State of M.P. & Another High Court of Madhya Pradesh Bench at Gwailor
04-03-2020 Manvendra Pratap Singh Versus U.O.I. Ministry of Home Affairs New Delhi & Another High Court of Judicature at Allahabad
04-03-2020 Ambika Singh (since deceased) represented by legal representatives & Others Versus Mosomat Sohagi Devi (since deceased) represented by her legal heirs & Others High Court of Judicature at Patna
03-03-2020 Ex NB Risaldar Dilbag Singh Versus Union of India & Others High Court of Delhi
03-03-2020 EMCIPI Electronics Pvt. Ltd. Through Its Director Sh. R.K. Singh Versus M/S. Shreyans Motors (P) Ltd., Through Its Director/Managing Director & Another National Consumer Disputes Redressal Commission NCDRC
03-03-2020 Indian Society for Technical Education, Rep., by its Executive Secretary, Saheed Jeet Singh Marg, New Delhi Versus Anna University, Rep., by its Registrar, Guindy, Chennai & Another High Court of Judicature at Madras
03-03-2020 Boota Singh & Others Versus State of Haryana High Court of Punjab and Haryana
03-03-2020 State Versus Shamsher Singh High Court of Delhi
02-03-2020 Badri Prasad Mishra Versus Moti Singh High Court of Chhattisgarh
02-03-2020 Rohit Singh Raghuvanshi Versus State of M.P. & Others High Court of Madhya Pradesh Bench at Gwailor
02-03-2020 Parvat Singh & Others Versus State of Madhya Pradesh Supreme Court of India
28-02-2020 Amit Singh @ Amit & Others Versus The State of West Bengal High Court of Judicature at Calcutta
28-02-2020 Sadhusharan Singh Versus Nageshwar High Court of Chhattisgarh
28-02-2020 Joginder Singh Versus State of J&K & Another High Court of Jammu and Kashmir
27-02-2020 Iqbal Singh Versus Kamal Dev & Another High Court of Himachal Pradesh
27-02-2020 Govind Singh Rajput Versus State of Madhya Pradesh & Another High Court of Madhya Pradesh Bench at Indore
27-02-2020 Shakti Singh Versus State of Haryana & Others High Court of Punjab and Haryana
26-02-2020 Gurtej Singh Versus Zora Singh (Dead) Through Lr & Others Supreme Court of India
26-02-2020 The State of Punjab Versus Jasbir Singh Supreme Court of India
26-02-2020 The Director General, Railway Protection Force Railway Board, New Delhi & Others Versus Rajiv Kumar Singh High Court of Judicature at Allahabad
25-02-2020 The Union of India & Others Versus Balbir Singh Yadav High Court of Meghalaya
24-02-2020 Sukhdeo Singh @ Jannu Singh Versus State of Jharkhand Supreme Court of India
20-02-2020 Satbir Singh Sawhney Versus M/s. JMD Limited Through Managing Director Delhi State Consumer Disputes Redressal Commission New Delhi
20-02-2020 Pr. Commissioner of Income Tax-I, Chandigarh Versus Sukhwant Singh High Court of Punjab and Haryana
20-02-2020 Harish Chandra Singh Versus State of M.P. Through State House Officer, Police Station Ratlam & Others High Court of Madhya Pradesh Bench at Indore
20-02-2020 Shri Partap Singh (Dead) Through Lrs. & Ors. Versus Shiv Ram (Dead) Through Lrs. Supreme Court of India
19-02-2020 Joginder Singh & Others Versus State of H.P. High Court of Himachal Pradesh
19-02-2020 Amar Singh Versus LIC, Through Its Divsional Manager, Chandigarh U.T & Others National Consumer Disputes Redressal Commission NCDRC
19-02-2020 Prem Singh Versus State of Himachal Pradesh High Court of Himachal Pradesh
19-02-2020 Arun Kumar Jain & Another Versus Bhagwant Singh Pabla & Another High Court of Delhi
19-02-2020 Prabhjeet Singh Versus M/s. Parsvnath Developers Limited Delhi State Consumer Disputes Redressal Commission New Delhi
18-02-2020 Suman Singh Sikarwar Versus State of M.P. & Others High Court of Madhya Pradesh Bench at Gwailor
18-02-2020 Balbir Singh Rawat Versus The Hindustan Petroleum Corporation Ltd. & Others High Court of Madhya Pradesh Bench at Gwailor
18-02-2020 S.S. Chahar Versus Kok Singh & Others High Court of Madhya Pradesh Bench at Gwailor
17-02-2020 Paramjeet Singh Versus State High Court of Delhi
17-02-2020 Ram Dinesh Singh & Another Versus State of U.P. & Others High Court of Judicature at Allahabad
17-02-2020 Brajesh Singh Tomar Versus Sanjay Dubey & Others High Court of Madhya Pradesh Bench at Gwailor
17-02-2020 Sukhdev Singh Dhillon & Another Versus DLF Homes Panchkula Private Limited, Chandigarh & Others National Consumer Disputes Redressal Commission NCDRC


LawyerServices is a Premium Legal Tech solution.


Lawyers, Law Firms, Government Departments and Corporates rely on us for, Workflow Automation, Data Aggregation, Timely Updates, Case Management, Intelligent Research, Latest Legal Data Updates and a LOT more!

If you are a legal professional, CONTACT US, in order to see how our UNIQUE solution can benefit your organization.

Features Intro Close Box