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2009(4) Supreme 205
SUPREME COURT OF INDIA
(From Patna High Court)
Dr. Arijit Pasayat and Dr. Mukundakam Sharma, JJ.
Ranvir Yadav — Appellant
versus
State of Bihar — Respondent
Criminal Appeal No. 10 of 2002
Decided on : 05-05-2009
AIR 1953 SC 468 – Relied upon.
(b) Code of Criminal Procedure, 1973 – Section 313 – Scope and ambit of the provision. (Paras 6 and 7)
(c) Code of Criminal Procedure, 1973 – Section 313 – In view of no incriminating materials having been put to the accused and no accusation specifically put in question during examination, Conviction cannot be sustained. (Para 10)
Facts of the case :
1. Lalitdeo Prasad Singh, on 31st July, 1982 at about 8 A.M. – the informant – alongwith several other persons proceeded from Sirjua Ghat to the Diara across the Ganges river. When this contingent of the informant’s party anchored into the Diara side of the river and proceeded to some distance, some criminals also alighted from small boats from the eastern and western side and asked these persons to stop.
2. When these persons who had alighted from the boat of the informant, did not stop, there was firing from the side of the criminals which hit Manikant Mishra (P.W.1). The criminals caught hold of Rajendra Mistry, Rameshwar Mistry, Brahmdeo Singh (all three deceased persons) and brought them near the boat of the informant where all of them were shot dead.
3. Ranvir Yadav assaulted the Amin with rifle. The dead bodies were loaded on the informant’s boat. Thereafter the boat of the informant was occupied by some of the criminals and other criminals boarded a small fisher man’s boat and carried the informant’s boat inside the river, beheaded the dead bodies at the order of Ranvir Yadav and also slit open the stomach of the dead bodies and thereafter threw the cut parts of the dead body into the river. On the way inside the river, Kailash Singh was also shot dead by Ranvir Yadav.
4. The trial Court directed acquittal.
5. On appeal the High Court held that there was improper analysis of the evidence and accordingly held that the acquittal was not proper.
Finding of the Court :
Statements were recorded u/s 313 in a perfunctory manner.
Result : Appeal partly allowed.
JUDGMENT
Dr. Arijit Pasayat, J.—
1. Challenge in this appeal is to the judgment of a Division Bench of the Patna High Court directing reversal of the judgment of acquittal recorded by learned Third Additional Sessions Judge, Munger. All the accused persons were acquitted by the aforesaid judgment. However one of accused respondent i.e. Kirat Yadav before the High Court died during the pendency of the appeal. A Criminal Revision was also filed by the informant-Lalitdeo Prasad and the said revision was taken along with the State’s appeal.
2. Prosecution version as unfolded during trial is as follows:
As per the fard beyan of Lalitdeo Prasad Singh, on 31st July, 1982 at about 8 A.M. informant alongwith several other persons, namely, Rameshwar Mistry, Kailash Singh, Brahmdeo Singh, the Govt. Amin(Omar Ali), Biranchi Das, Challitar Singh, Jalim Singh, the wife of Rameshwar Mistry, Bilo Mistry, Shiv Das, Kedar Das Rajendra Mistry, Manikant Mishra and 5 to 6 others proceeded from Sirjua Ghat to the Diara across the Ganges river into the boat of Rameshwar Mistry. When this contingent of the informant’s party anchored into the Diar side of the river for some persons from the boat came out and proceeded to same distance, some criminals also alighted from small boat from the eastern and western side and asked these persons to stop. When these persons who had alighted from the boat of the informant, did not stop, there was firing from the side of the criminals which hit Manikant Mishra (P.W.1). The criminals caught hold of Rajendra Mistry, Rameshwar Mistry, Brahmdeo Singh (all three deceased persons) and brought them near the boat of the informant. On the boat of the informant, still sitting were Kailash Singh, Biranchi Das, Challitra Singh, Shiv Das and the Government Amin. Near the boat, Rajendra Mistry was shot at by Kirat Yadav by rifle. Rameshwar Mistry was also shot at by Ranvir Yadav. Khantar Sao shot dead Bramhdeo Singh. Ranvir Yadav assaulted the Amin with rifle. Rajendra Mistry, Rameshwar, Mistry and Brahmdeo Singh succumbed to their fire-arm injuries at the spot. The dead bodies of these three deceased persons were loaded on the informant’s boat. Thereafter the boat of the informant was occupied by some of the criminals and other criminals boarded a small fisher man’s boat and carried the informant’s boat inside the river towards east, beheaded the dead bodies at the order of Ranvir Yadav and also slit open the stomach of the dead bodies and thereafter threw the cut parts of the dead body into the river. On the way inside the river, Kailash Singh was also shot dead by Ranvir Yadav as a lesson on the ground that Kailash had filed certain criminal case against the assailants. The informant and the other persons left inside the boat were also threatened of dire consequences, if they disclosed the matter to the police. The informant and three others were brought to the bank of the river and made to disembark from the boat. The Amin was still carried further into the river. The informant came to Sirjua ghat. The cause of occurrence as given in the far beyan, is that Ranvir Yadav had taken possession of several lands of Sirjua Village and the villagers wanted their lands to be measured and demarcated and so being angered at this step of the villagers, the accused persons committed the aforesaid occurrence.
The defence of the accused persons was that the police was inimical to the main accused Ranvir Yadav whose father, late Hariballabh Yadav, was killed by A.S.P. and in this connection a case was filed by the servant of Ranvir Yadav. Kanta Sao and Kirat Yadav were employees of Ranvir Yadav and therefore they were implicated falsely in the instant case. The police was pressing the accused persons hard to withdraw the case of murder filed against the police officials.
Twelve witnesses were examined to further the provision version. Several documents were exhibited. The trial Court held that the prosecution version lacks credibility an
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