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SUPREME COURT OF INDIA
ASHOK BHUSHAN, K.M. JOSEPH, JJ.
SHIO SHANKAR DUBEY & ORS. – APPELLANT(S)
VERSUS
STATE OF BIHAR – RESPONDENT(S)
Criminal Appeal No. 1617 of 2014
Decided On : 09-05-2019
(1996) 1 SCC 614; (2007) 14 SCC 150 - Relied upon
(b) Criminal trial - PW11 and PW 13 categorically proving presence of Ram Pravesh Dubey at the scene of occurrence - Merely because PW5 not mentioning his name while naming four other persons, cannot lead to inference that Ram Pravesh Dubey was not involved in the incident. (Para 13)
(c) Criminal trial - Inquest report and post mortem report - Inquest report mentioning injury by fire arm - Post mortem report not mentioning any bullet injury - Impression of bullet injury recorded in the inquest report held, only opinion of person preparing inquest report - No bullet found in post mortem report - Impression of the person preparing inquest report cannot outweigh evidence of eyewitnesses PW11 and PW13. (Para 14, 17)
(d) Criminal trial - Motive - PW 11 stating that deceased and appellant were having animosity over election rivalry - Sequence of events showing PW11 had no opportunity to implicate anybody. (Para 18, 20)
Facts of the case:
The trial court convicted all the three appellants : appellant No.1 – Shio Shankar Dubey, accused No.3, was convicted for the offence under Sections 302/149/148 I.P.C. and Section 27 of the Arms Act. The appellant No.2 – Ram Pravesh Dubey, accused No.4, was convicted for the offence under Sections 302/149/147 I.P.C. The third appellant, i.e., Jamadar Dusadh, accused No.1 was convicted under Sections 302/147 and 379 I.P.C.
The High Court has dismissed the criminal appeals filed by the appellants.
Finding of the Court:
There is no infirmity in conviction.
Result: Appeal dismissed.
Prior History : From the High Court Of Judicature at Patna in CRLA 410 of 1990 dated 16-07-2013 [2013 0 Supreme(Pat) 748]
JUDGMENT
Ashok Bhushan, J.
This appeal has been filed by the three appellants challenging the judgment of High Court of Patna dated 16.07.2013, by which Criminal Appeal (DB) No. 410 of 1990 filed by them questioning their conviction and sentence under Section 302 and some other sections of I.P.C. has been dismissed.
2. The prosecution case is that on 16.05.1980, one Raj Ballam Rai, informant alongwith his brother Raj Keshwar Singh came to Sasaram Court. After finishing his work in court informant proceeded with his brother to his residence near Dharamshala. Raj Keshwar Singh was on rickshaw and the informant was on the bicycle. Raj Keshwar Singh was armed with a double barell gun. The further case is that at about 9:00 am when they reached 50 to 60 yards east of Kargahar More, the informant saw that Doodnath Dusadh, Jamadar Dusadh and Ram Nandan Dusadh stopped the rickshaw. They were armed with Lohbanda. Shio Shankar Dubey was armed with Rifle and his brother Ram Pravesh Dubey was armed with lathi and they were also alongwith them. They pulled down Raj Keshwar Singh from rickshaw and started assaulting with Lohbanda. The Mukhiya that is Shio Shankar Dubey asked them to kill in a hurry. The informant fled away. Shio Shankar Dubey opened fire but none received any injury. The accused persons thereafter fled away towards south.
3. At 9:30 am, the police official namely, S.N. Singh of Sasaram Police Station arrived at the place of occurrence to whom Raj Ballam Rai gave a fardbeyan. On the basis of fardbeyan given at the place of occurrence by informant, First Information Report was registered against 05 accused.
4. The prosecution, to prove its case, produced 15 witnesses. PW11, informant, fully supported the prosecution case. PW13, Ragho Ram Singh, who was also an eyewitness, supported the prosecution case. PW5 was another eyewitness, who saw 04 of the accused running away from the spot. Formal witnesses were also produced by the prosecution. On the spot seizure was also made by one Siddhanath Singh, Inspector of Police, which seizure also contained copy of four applications, which were typed at District Court, Sasaram and were being carried by the deceased alongwith him in a diary, which applications were marked as Ext.3/2 to 3/5.
5. Inquest Report was also prepared on the spot. Body was sent for post mortem. Post mortem report was prepared as Ext.4. One defence witness, DW1, Dasrath Ram was also produced, who brought the register of the employees for the period 1961 to 1963 containing the signatures of deceased Raj Keshwar Singh.
6. The trial court vide its judgment and order dated 14.09.1990 convicted 04 accused, (one of the accused namely, Doodnath Dusadh having died during the pendency of trial. The appellant No.1 – Shio Shankar Dubey, accused No.3, was convicted for the offence under Sections 302/149/148 I.P.C. and Section 27 of the Arms Act. The appellant No.2 – Ram Pravesh Dubey, accused No.4, was convicted for the offence under Sections 302/149/147 I.P.C. The third appellant, i.e., Jamadar Dusadh, accused No.1 was convicted under Sections 302/147 and 379 I.P.C. Four accused, who were convicted filed criminal appeal in the High court, which has been dismissed. One Ramnandan Dusadh also having died during pendency of the appeal before the High Court, the three surviving accused are in the appeal before this Court.
7. Learned counsel for the appellant in support of the appeal submits that PW11 – informant being brother of the appellant and PW13 being husband of the niece of the deceased were all close relatives and interested witnesses, the Courts below committed an error in relying on the testimony of interested witnesses. There being no independent witnesses corroborating the charge against the appellants the appellants ought not to have been convicted and sentenced. It is further submitted that PW5, who claime
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