Back
2011 (1) Supreme 83
SUPREME COURT OF INDIA
Aftab Alam and R.M. Lodha, JJ.
Sajjan Sharma — Appellant
versus
State of Bihar — Respondent
Criminal Appeal No.1283 of 2010
Decided on : 7-1-2011
(b) Code of Criminal Procedure, 1973 – Section 313 – Trial courts examining the accused in most unmindful and mechanical manner – Deprecated. (Para 15)
(c) Administration of Justice – Trial courts in Bihar conducting criminal trials in most mechanical manner – Patna High Court advised to take note of the neglectful way in which some of the Courts in the State appear to be conducting trials of serious offences and take appropriate corrective steps. (Para 15)
(d) Indian Penal Code, 1860 – Section 302 – Conviction – Appellant neither named in the FIR nor any overt act attributed to him – His being member of the unlawful assembly also not established – Entitled to benefit of doubt. (Paras 24 and 25)
Facts of the case:
1. Mukesh Kumar along with his uncles Narain Kunwar and Bauku Kunwar had gone to the corn fields in David Door Bahiar carrying a licensed. 315 rifle and some rounds.
2. At that time all the accused persons variously armed with fire arms came there. They went up to his uncle, Bodhan Rai snatched the rifle from the hands of his uncle and took him to another field and killed him by firing two shots.
3. The trial court found and held that the prosecution was able to fully establish the guilt of the accused and convicted all the four accused under section 302 of the Penal Code and section 27 of the Arms Act.
4. Bodhan Rai died after the judgment of the trial court. The rest of the three accused, including the appellant preferred separate appeals before the High Court. All the three appeals were consolidated and heard together and were dismissed
Finding of the Court:
Appellant entitled to benefit of doubt.
Result : Appeal allowed.
JUDGMENT
Aftab Alam, J. —
1. The appellant Sajjan Sharma stands convicted under section 302 of the Penal Code and sentenced to rigorous imprisonment for life.
2. The prosecution case that led to the conviction and sentence of the appellant is based on the Fard-e-beyan (Ext. 3) of one Mukesh Kumar (PW4) recorded by the officer-in-charge of Bihpur Police Station on November 24, 1994, at 4.00 p.m. at David Door Bahiar of village Marba (in local dialect ‘bahiar’ is the word for the agricultural lands at a distance from the dwelling part of the village). In his statement before the police officer, Mukesh Kumar stated that on that day at about 10.00 a.m., he along with his uncles Narain Kunwar and Bauku Kunwar had gone to the corn fields in David Door Bahiar carrying a licensed .315 rifle and some rounds. There, they supervised the scattering of fertilizer over the land by the farm labourers. The work was over by 2.30 p.m. and then the labourers left. In the meanwhile, one Gunanand Sharma/Sanghai, (PW3) s/o Ram Avtar Sharma of Amarpur Village came there to meet Narain Kunwar. He (the informant) and his uncle Bauku Kunwar were chatting, sitting at the other corner of the field. At that time the accused, Bodhan Rai @ Prabhu Narain Rai s/o Basu Rai came there carrying a rifle which is called a semi-rifle. He was wearing around his neck a belt full of cartridges. Accompanying him were Satto Sharma s/o Lalho Sharma who was carrying a .315 rifle, Shambhu Sharma s/o Satto Sharma carrying a .315 rifle, Sukesh Kunwar s/o Naney Kunwar holding a ‘3 nought’ rifle, Paro Kunwar s/o Naney Kunwar holding a ‘3 nought’ rifle and three unknown persons who were also carrying rifles. All the named accused were from the same village as the informant.
3. All the accused went up to his uncle, who on seeing them asked Gunanand to call the informant and his other uncle Bauku. As Gunanand came towards them, Bodhan Rai snatched the rifle from the hands of his uncle and pushed him towards south. Watching this, the informant, Bauku Kunwar and Gunanand started shouting as to where they were taking his uncle. Suddenly, Bodhan Rai fired a shot from his rifle in the air and warned them to go back, whereupon they got frightened and slowly fell back. Then, he took his uncle to the field of Laxmi Mishra that was vacant. All the while they were shouting and raising alarm to save their uncle. Then, Bodhan Rai, calling his uncle as “the bastard” exclaimed that he should be killed there only, lest others would come on alarm. Uttering those words, Bodhan Rai fired a shot hitting his uncle in the abdomen. His uncle fell down twisting on the ground. Then, Bodhan Rai again said that they would torture the bastard to death. On this, Shambhu Sharma and Sukesh Sharma also fired shots at him. His uncle was writhing in pain when Bodhan Rai put the barrel of the rifle near the ears of his uncle and fired another shot and said to his fellow accused that they should go as he was finished.
4. The informant further said that they were watching from a little distance when Bodhan Rai turned towards them and said that if they gave evidence, they would also meet the same fate. The informant also said that his uncle was killed due to enmity from before, and earlier also Bodhan Rai had tried to kill his uncle. The informant further said that after the accused persons had left, he went near his uncle and saw that his uncle was lying dead with the face downward on the ground. On the report of the gun shots and their shouting, several persons from the vicinity gathered there. Bodhan Rai also carried away the licensed rifle of his uncle. He did not remember the number of his rifle.
5. The informant concluded by saying that his uncle was killed by Bodhan Rai @ Prabhu Narain Rai s/o Basu Rai, Satto Sharma s/o Lalho Rai, Shambhu Sharma s/o Satto Sharma, Sukesh Kunwar s/o Naney Kunwar, Paro Kunwar s/o Naney Kunwar, and other unknown persons, colluding together, due to old enmity, who also snatched a
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
