New Delhi :- JUDGEMENT OVERVIEW

COURT :  Supreme Court of India (Full Bench (FB)- Three Judge)

JUDGEMENT NAME : BRIJMANI DEVI VERSUS PAPPU KUMAR & ANR.

 Appeal (Crl.), — of 2021,

JUDGEMENT DATE :  Dec 17, 2021

RELATED SECTIONS : INDIAN PENAL CODE, 1860

Section 302 – Punishment for murder

 

IMPORTANT PARAGRAPH :

NAGARATHNA J.

Leave granted.

  1. These appeals have been preferred by the informant ­

appellant assailing the orders dated 22.07.2021 and 13.09.2021

passed by the High Court of Judicature at Patna in Criminal

Miscellaneous Nos.11683 of 2021 and 26463 of 2021

respectively whereby bail has been granted to the accused who is

the common respondent in the appeals, in connection with

Naubatpur P.S. Case No.93 of 2020 and Parsa Bazar P.S. Case

No.316 of 2017 respectively.

  1. The facts in a nutshell are that the appellant is the mother

of the deceased Rupesh Kumar. She is stated to be an

eyewitness to the killing of her son and also the person who

lodged the First Information Report being FIR No.93 of 2020 for

offence of murder of her son under section 302 read with section

34 of the Indian Penal Code (for short, the ‘IPC’) and section 27

of the Arms Act against common respondent­accused herein viz.,

Pappu Kumar and one other person named Deepak Kumar.

 

  1. That FIR No.93/2020 dated 19.02.2020 is stated to have

been filed by the appellant herein between 2.30 hrs and 3.00 hrs

in the night stating that her son Rupesh Kumar aged about 35

years was sleeping in the room constructed on the roof top of her

house. A relative, Deepak Kumar was also sleeping there. She

was sleeping in another room which is beside the aforesaid

room. She has further stated that she heard the sound of a

person walking and also talking and then she saw that

respondent–accused was present and he had a pistol in his hand

and when he saw her, he caught her and forcefully tied her

mouth with his Gamchha (towel) and he shot her son on the

head from his pistol in front of her and Deepak Kumar too shot

once at her son’s head. As a result, her son died. Other family

members reached the spot upon hearing the firing sound. But

the accused ran away waiving their pistols.

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BRIJMANI DEVI

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