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of <h1>Appeals Court Upholds Murder Conviction, Death Sentence for Property Dispute Killing</h1> <h3>SURESH CHANDRA BAHRI Versus STATE OF BIHAR</h3> The appellants, Suresh Bahri and Raj Pal Sharma, were convicted under sections 302 and 120-B IPC for the murder of Urshia Bahri and her two children. The ... - Issues Involved:1. Conviction u/s 302 IPC for murder.2. Conviction u/s 302/120-B IPC for criminal conspiracy.3. Conviction u/s 201 IPC for causing disappearance of evidence.4. Confirmation of death sentence by the High Court.5. Acquittal of co-accused.6. Motive behind the crime.7. Compliance with procedural requirements u/s 306 CrPC.8. Reliability of the approver's testimony.9. Circumstantial evidence and its sufficiency.10. Identification of the accused without prior identification parade.11. Sentence of death and its justification.Summary of Judgment:1. Conviction u/s 302 IPC for Murder:The appellants, Suresh Bahri and Raj Pal Sharma, were convicted u/s 302 IPC for the murder of Urshia Bahri and her two children, Richa Bahri and Saurabh Bahri. The trial court's findings were based on the evidence, including the testimony of the approver, Ram Sagar Vishwakarma, and various circumstantial evidence.2. Conviction u/s 302/120-B IPC for Criminal Conspiracy:All three appellants, Suresh Bahri, Gurbachan Singh, and Raj Pal Sharma, were convicted u/s 302/120-B IPC for criminal conspiracy to commit the murders. The court found that the conspiracy was proven through the sequence of events and the roles played by each appellant.3. Conviction u/s 201 IPC for Causing Disappearance of Evidence:The appellants were also convicted u/s 201 IPC for causing the disappearance of evidence related to the murders. Suresh Bahri and Raj Pal Sharma were found guilty of disposing of Saurabh Bahri's body, while all three appellants were found guilty of disposing of Urshia Bahri's body.4. Confirmation of Death Sentence by the High Court:The High Court confirmed the death sentence awarded by the trial court for the offences u/s 302 and 302/120-B IPC. The Supreme Court upheld the death sentence for Suresh Bahri, considering the brutal and diabolical nature of the crimes, but commuted the death sentences of Gurbachan Singh and Raj Pal Sharma to life imprisonment.5. Acquittal of Co-Accused:Three other accused, Y.D. Arya, Smt. Santosh Bahri, and Mohd. Suhail, were acquitted by the trial court, and no appeals were preferred against their acquittal.6. Motive Behind the Crime:The court found that the motive behind the murders was the strained relationship between Suresh Bahri and his wife Urshia, who wanted to sell the Ranchi house and move to America with her children. Suresh Bahri conspired to eliminate his wife and children to gain control over the property.7. Compliance with Procedural Requirements u/s 306 CrPC:The court addressed the compliance with procedural requirements u/s 306 CrPC, noting that the approver's testimony was recorded properly, and the mandatory provisions were ultimately complied with, thereby not vitiating the trial.8. Reliability of the Approver's Testimony:The court found the approver's testimony to be credible and corroborated by independent evidence. The testimony of Ram Sagar Vishwakarma was consistent and supported by other witnesses and circumstantial evidence.9. Circumstantial Evidence and Its Sufficiency:The court held that the circumstantial evidence, including the recovery of the skull, blood-stained articles, and the sequence of events, formed a complete chain pointing to the guilt of the appellants. The evidence was found to be sufficient to convict the appellants.10. Identification of the Accused Without Prior Identification Parade:The court addressed the issue of identification without a prior identification parade, noting that the witnesses had ample opportunity to see and recognize the accused over a period, making the identification in court reliable.11. Sentence of Death and Its Justification:The court applied the principles laid down in previous judgments, emphasizing that the death penalty should be awarded in the 'rarest of rare' cases. The court found that the nature of the crimes committed by Suresh Bahri warranted the death penalty, while life imprisonment was deemed appropriate for Gurbachan Singh and Raj Pal Sharma.
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