Supreme Court of India

Suresh Chandra Bahri Etc. Etc. v. State of Bihar

Neutral citation

Bench Dr. A.S. Anand and Faizan Uddin JJ.

Decided 13 July 1994

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

22 Supreme Court benches have cited this judgment.

What the Court ordered

In the result Criminal Appeal No. 329/92 - Suresh Chandra Bahri v. State of Bihar, fails and is hereby dismissed. The conviction and sentences awarded to him by the two Courts below are affirmed. The Criminal Appeal No. 159/92 entitled Gurbachan Singh v. State of Bihar, and Criminal Appeal No. 160/92 entitled Raj Pal Sharma v. State of Bihar, are hereby partly allowed to the extent indicated above. The conviction of the appellants Gurbachan Singh under Section 302/120-B and 201 as well as conviction of appellant and Raj Pal Sharma under Sections 302, 302/120-B and 201 of the Penal Code are maintained but the sentence of death awarded to both of them under Section 302, 302/120-B is set aside and instead they are sentenced to life imprisonment. Their sentence under Section 201 is maintained. All the sentences shall run concurrently.

Judgment, 108

From the headnote

Indian Penal Code 1860, Ss.302, 201 r/w 120A-Husband and two accomplices conspiring and committing murder of wife and two children-Evidence of approver trustworthy and corroborated in material particulars by circumstantial and expert evidence-Held, proved beyond reasonable doubt that husband who master minded plan and co-accused hatched conspiracy and in pursuance thereof committed murder and made efforts to screen the offence Indian Penal Code, S.120A-Criminal conspiracy-Husband and two accomplices conspiring and killing wife and two children-Held, essential ingredient is agreement between conspirators to commit crime; not necessary that each party to conspiracy must do some overt act.

Authorities it was built on

1982 Mohanlal Gangaram Gehani v. State of Maharashtra cited by 35

Where later benches applied it

2025 Subhash Aggarwal v. The State of Nct of Delhi relied on
2020 Anwar Ali and Another v. The State of Himachal Pradesh relied on
2019 Fainul Khan v. State of Jharkhand and Another relied on
2017 Mukesh & Anr. v. State for Nct of Delhi & Ors. relied on
2013 C.B.I. v. Ashok Kumar Aggarwal & Anr. relied on
2013 State of Rajasthan v. Balveer @ Balli and Anr. relied on
2012 Munish Mubar v. State of Haryana relied on
2011 Prithipal Singh Etc v. State of Punjab & Anr. Etc. relied on
2011 Mrinal Das & Ors. v. The State of Tripura relied on
2011 Mohd. Arif @ Ashfaq v. State of Nct of Delhi relied on
2025 Kattavellai @ Devakar v. State of Tamilnadu referred to
2024 Naresh Kumar v. State of Delhi referred to
2023 Manoj Kumar Soni v. The State of Madhya Pradesh referred to
2023 Boby v. State of Kerala referred to
2022 Gireesan Nair & Ors. Etc. v. State of Kerala referred to
2017 Seeni Nainar Mohammed v. State Rep. by Deputy Superintendent of Police referred to
2013 Rohtash Kumar v. State of Haryana referred to
2013 Subodh Nath and Anr. v. State of Tripura referred to
2012 Dr. Sunil Clifford Daniel v. State of Punjab referred to
2011 Ajitsingh Harnamsingh Gujral v. State of Maharashtra referred to
2010 C. Muniappan & Ors. v. State of Tamil Nadu referred to
2023 A. Srinivasulu v. The State Rep. by the Inspector of Police distinguished

Of those, 10 relied on · 1 distinguished · 11 referred to

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