2003 Supreme(SC) 1322
B.P.SINGH, N.S.HEGDE
Bachhu Narain Singh etc. – Appellant
Versus
Naresh Yadav – Respondent
Judgement Key Points
Facts
- On April 19, 1985, at about 6:30 a.m., Keshari Nandan Singh, the Mukhiya of Gandhar Gram Panchayat and a Congress Party member, was driving a jeep with seven others towards Jehanabad Court when it was attacked near Dhamapur More by a group armed with guns, rifles, pasuli, etc.; a shot allegedly fired by respondent Naresh Yadav hit the driver, causing the jeep to crash into a field, followed by further firing that killed six on the spot and two later in hospital. [1000084440003] (!) [1000084440004]
- Prosecution claimed ten eyewitnesses (PWs 1,2,3,5,6,8,9 etc.) saw the incident, including respondent Naresh Yadav decapitating the Mukhiya with a pasuli from Lakhandeo Yadav and accused taking the Mukhiya's revolver and security officer's rifle; FIR lodged at 9:00 a.m. by PW-9 (brother of deceased Mukhiya), alleging political rivalry motive. [1000084440003] (!) [1000084440004][1000084440005]
- Investigating officer (PW-12) reached scene at 7:20 a.m., found six bodies, headless body of Mukhiya in jeep, large crowd present; prepared inquest reports 7:30-8:45 a.m. with PW-1 signing as witness, but no one claimed eyewitness status; FIR delay unexplained despite police presence; PW-9 appeared only at 9:00 a.m. [1000084440004][1000084440011] (!)
- Prosecution alleged Lakhandeo Yadav (respondent) apprehended by villagers while fleeing, but defence evidence (DW-4, DW-5) showed he arrived later at ~10:00 a.m. inquiring about relative victim, assaulted by crowd, rescued by police. [1000084440006][1000084440013] (!)
- Trial court convicted Naresh Yadav under S.302 IPC (life), others under S.302/149 (life), some under S.148, S.27 Arms Act; High Court acquitted all on appeal due to eyewitness discrepancies, false prosecution facts, suggesting extremist involvement. [1000084440002][1000084440009]
- PW-9 admitted in deposition Mukhiya's revolver found under his pillow, contradicting FIR theft claim; only PW-9 claimed decapitation by Naresh Yadav, uncorroborated; eyewitnesses same caste/village, not examined promptly or at all by IO. [1000084440014] (!) [1000084440009]
Ratio
- In appeals against acquittal, no interference warranted with High Court's view if prosecution introduces false facts (e.g., fabricated apprehension of accused, contradictory weapon recovery) severely undermining credibility, even if another view possible on evidence. (!) [1000084440013][1000084440014][1000084440015] (!)
- Unexplained FIR delay despite IO's early arrival (7:20 a.m.) at crowded scene casts doubt on eyewitness presence/version, as natural conduct demands immediate disclosure; not excused by shock in such circumstances with police present. [1000084440011] (!) [1000084440010]
- Eyewitness credibility shattered by inconsistencies (e.g., unique claims uncorroborated, belated examination, community bias), false prosecution embellishments, supporting acquittal where direct evidence unreliable. [1000084440009][1000084440012][1000084440014] (!) (!)
JUDGMENT
B.P. Singh, J.-In these appeals the appellants impugn the common judgment and order of the High Court of Judicature for Patna in Criminal Appeal Nos. 313 of 1988, of 1988 and 318 of 1988 whereby the High Court acquitted respondents 1 to 13 of the charges variously levelled against them under Sections 302, 302/149, 379, 148 and 147 of the IPC and Section 27 of the Arms Act.
2. Criminal Appeal Nos. 1969, 1970 and 1971 of 1996 have been preferred by Bachhu Narain Singh, informant who was examined as PW-9 before the trial court. He happens to be the younger brother of one of the deceased Keshri Nandan Singh. Criminal Appeal Nos. 256, 257 and 258 of 1997 have been preferred by the State of Bihar against the acquittal of the aforesaid respondents by the impugned judgment and order.
3. Respondents 1 to 13 were put up for trial before the Second Additional Sessions Judge, Gaya in Sessions Case No. 57/86 /8/86. The trial court by its judgment and order dated June 6, 1988 found respondent Naresh Yadav guilty of the offence punishable under Section 302 IPC and sentenced him to imprisonment for life. Respondents 2 to 13 were found guilty of the offence punishable under Section 302/149
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