Sing & ANR Vs. The State of Bihar  INSC 851 (25 November 1997)
NANAVATI, B.N. KIRPAL
25TH DAY OF NOVEMBER, 1997 Present:
Mr. Justice G.T. Nanavati Hon'ble Mr. Justice B.N. Kirpal M.K. Chaudhary, Adv.
for S.K. Verma, Adv. and D.K. Garg, Advs. for the appellants G.B. Sathe, Adv.
for A.K. Jha, Adv. for the Respondent
following Judgment of the Court was delivered:
Misc. Petition 6233/83 and Crl. M.P...... (application for discharging the advocate
from the matter ) are dismissed.
appellants in Criminal Appeal No. 78/89 are challenging their conviction and
the order of sentence passed by the First Additional Sessions Judge, East Chambaran, Motihari in S.T. No. 138/69 of
1978/81 and confirmed by the High Court. Writ Petition No. 543/92 is filed by
accused Ramayan Singh whose S.L.P. was earlier dismissed by this Court.
appellant have been convicted on the basis of the evidence of 2 eye witnesses
P.W. 2 Amila Devi and P.W. 3 Bhagwani Devi. Both these witnesses have been
believed by the trial court an also by the High Court. No good reason is
advanced by the learned counsel for the appellant for taking different view as
regards the credibility of these e 2 witnesses. We do not find any infirmity in
because they happened to be sister and mother respectively of the deceased
their evidence cannot be discarded. In absence of any infirmity either in the
appreciation of their evidence or in the reasons given by the courts below we
see no reason to interfere in this appeal and the writ petition. Both are,
therefore, dismissed. The appellants in criminal appeal are directed to
surrender to custody to serve out the remaining sentence.