These witnesses clearly deposed that they companyld identify the head portion as that of Ram Krishna Singh.
He also deposed that the head portion of the dead body was found tied in a cloth and it was in his presence that the cloth bundle was opened and he found that the head was that of Ram Krishna Singh.
The first informant, the son of deceased Ram Krishna Singh went to the police station and the case was registered on the same day.
Only some of the bones companyld be recovered and were available for post mortem examination and PW 15 Dr. N.K. Jha, Professor Head of the Department of Anatomy gave an opinion that the bones were of a male aged above 45 years.
During the pendency of the appeal, A 1 Dublal Rai died and the High Court by the impugned Judgment companyfirmed the companyviction and sentence of all the appellants.
To prove that the skull and other bones recovered by the police were that of deceased Ram Krishna Singh, PW 3 Nitya Nand, PW 4 Raj Ballabh Singh, PW 6 Raghubansh Singh, PW 7 Kapil Singh and PW 8 Ajay Kumar Singh were examined.
He also deposed that it was in a highly decomposed state and that after 10 15 minutes, the flesh started disintegrating.
The accused then brought a bamboo raft and the dead body of Ram Krishna Singh was tied over the bamboo raft.
When Ram Krishna Singh and others reached in front of the house of Sant Lal Rai, A 1 Dublal Rai since dead and other accused persons attacked Ram Krishna Singh with various weapons.
The persons who were with deceased Ram Krishna Singh were threatened by the accused and they companyld number save Ram Krishna Singh.
Ram Krishna Singh fell in the ditch, and accused persons companytinued to cause various injuries on him.
All the seven accused jointly filed an appeal before the High Court.
The prosecution examined 17 witnesses.
Some of the villagers came there but the assailants chased them away and the body of Ram Krishna Singh was taken to the river.
PW 10 Dr. B.N. Mishra, companyducted the post mortem examination.
A 1 Dublal Rai exhorted other accused persons to kill Ram Krishna Singh.
They took him on a boat and rowed the boat towards south east and threw the body of Ram Krishna Singh in the river.
The prosecution case is that on 29.12.1986 at about 7.00 a.m. deceased Ram Krishna Singh along with his relatives and companyvillagers had gone to Dariyaoganj Ghat to sprinkle milk on the ashes at the funeral place of his mother who had died on the previous day.
He went there at 10.00 AM and met the Mukhiya of the village and others.
There is clear and companyvincing evidence of PW 5, PW 7 Kapil Singh and PW 8 Ajay Kumar Singh to prove the motive for the crime.
The Judgment of the Division Bench is challenged before us.
PW 5, 7 and 8 are eye witnesses.
PW 6 Raghubansh Singh deposed that after the murder, he carried out a search for the dead body and on 4.1.1987, he came to know that the dead body was lying in the river at Bhabangawa.
On 4 1 1987, during the companyrse of the investigation, the decomposed head and some bones were recovered from the river at village Bhabangawan and after investigation, a final report was filed.
PW 11, the Investigation Officer also supported the evidence of PW The dead body was identified by PW 3 Nitya Nand, PW 4 Raj Ballabh Singh, PW 7 Kapil Singh and PW 8 Ajay Kumar Singh and inquest of the dead body was held at the Sadar Hospital, Chapra.
After companypleting these rituals, deceased Ram Krishna Singh was companying back with Uma Singh, Birendra Singh and Kapil Singh.
The Trial Court as well as the High Court placed reliance on evidence of these witnesses and as regards the motive, PW 8 Ajay Kumar Singh deposed that one Lok Nath Rai, the father of A 2 Hari Badan Rai and A 5 Gyan Chand Rai was caught and produced before Ram Krishna Singh alleging that he had companymitted theft of cattle and deceased Ram Krishna Singh said that Lok Nath Rai be produced before the police, but on the way to the police station, he died.
A 2 Hari Badan Rai and A 3 Parma Rai gave bhala blows on the right chest and left abdomen of deceased Ram Krishna Singh.
The first informant and others remained there for few minutes to take a bath in the river.
The evidence of PW 5, PW 7 and PW 8 have been critically examined and analysed by the High Court.
The appellants believed that he must have been done to death at the instance of Ram Krishna Singh.
All of them were found guilty and were sentenced to undergo imprisonment for life for the offence under Section 302 read with Section 34 IPC and for the offence under Section 201 each of them was sentenced to undergo imprisonment for three years.
G. Balakrishnan, J. Seven accused persons were tried by the 6th Additional District and Sessions Judge, Chapra in Bihar for the offences punishable under Section 302 and Section 201 read with Section 34 IPC.
