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1987 Supreme(Pat) 101
PATNA HIGH COURT
M.P.Varma and Krishna Ballabh Sinha JJ.
Ajodhya Singh
Versus
State Of Bihar
Criminal Appeal No. 474 of 1983 ;
Decided On : APRIL 2, 1987
The central legal point established in the judgment is the requirement for a clear and credible narrative supported by reliable evidence to establish guilt beyond reasonable doubt.
Headnote:
Indian Penal Code - Conviction under sections 302/149 - sec. 147, sec. 148, sec. 27 of the Arms Act - sec. 32 of the Evidence Act
Fact of the Case:
The case involves an appeal against the conviction of the appellants under various sections of the Indian Penal Code and the Arms Act. The case arose from an incident where the victim, Lal Bahadur Singh, was fatally injured and later died. The prosecution relied on the victim's dying declaration and eyewitness testimonies to establish the guilt of the accused.
Finding of the Court:
The court found significant discrepancies and inconsistencies in the evidence presented by the prosecution. It raised doubts about the credibility of the dying declaration and the eyewitness testimonies. The court concluded that the prosecution failed to establish a clear and reliable narrative of the events, leading to the acquittal of the accused.
Issues: The key issues revolved around the reliability of the dying declaration, the credibility of eyewitness testimonies, the absence of a clear motive, and discrepancies in the prosecution's narrative.
Ratio Decidendi: The court's decision was influenced by the lack of clarity and credibility in the prosecution's case, including doubts about the dying declaration and eyewitness testimonies. The court emphasized the importance of establishing a clear and consistent narrative to support a conviction.
Final Decision: The court acquitted the accused, setting aside the orders of conviction and sentences passed against them.
M.P.Varma and K.B.Sinha JJ.
1. This is an appeal against the judgment of conviction passed by the Sessions Judge, Sasaram. The appellants have been sentenced to suffer imprisonment for life under sections 302/149 of the Indian Penal Code (hereinafter referred to as the Code). Further appellant Sheomurat Singh has been convicted and sentenced to rigorous imprisonment for one year under sec. 147 of the Code and the remaining six appellants to suffer imprisonment for two years under lection 148 of the Code. Appellants Ayodhya Singh, Dasrath Singh, Baliram Singh and Jitendra Singh have been further sentenced to suffer rigorous imprisonment for one year under sec. 27 of the Arms Act also.
2. The case against them arose on the statements of Lal Bahadur Singh, the victim of this episode. He was seriously injured in the occurrence and later died in the hospital at Banaras. His fardbeyan (Ext. 1/1) was recorded by the police, on that basis an F.I.R. marked Ext. 1 was drawn. This fardbeyan has now been treated as dying declaration admissible under sec. 32 of the Evidence Act. The narration of the story as given by him is as follows.
It was in the evening at about 4:30 p.m. on 16-8-79 when he was getting back to his village Bhakhar Band, that he saw accused Ayodhya Singh and Dasrath Singh carrying guns, accused Baliram Singh and Jitendra Singh holding rifles and accused Mohan Singh and Ram Bachan Singh with Ballam and accused Sheomurat Singh carrying a lathi. They all cried out to assault him. Accused Ayodhya fired a shot from his gun, but it did not hit him. Accused Jitendera then fired another shot from his rifle which struck him (Lal Bahadur Singh) on his right arm.
Accused Baliram Singh also opened fire which hit on his stomach. Being fatally injured he dropped down in a nearby field. He has further said that a few days prior to it, on 25-1-1979 his nephew was suddenly bitten by a dog belonging to accused Ajodhya Singh. He had remonstrated and, chided Ajodhya Singh. But Ajodhya Singh instead of being apologistic had thrown the child in a water-reservoir resulting in instantaneous death of the child. Lal Bahadur had then asked Ajodhya Singh to kill his dog.
Ajodhya Singh took it up in a front and instead of killing his dog he in conspiracy with his other companions killed the informant Lal Bahadur Singh.
3. On hearing the cry of Lal Bahadur Singh, a few persons had arrived and had witnessed the occurrence. Lal Bahadur Singh was soon taken to Bhagwanpur Police Station. The Sub-Inspector of Police (P.W. 8) has said that he found the condition of Lal Bahadur serious and took him to Bhagwanpur State Dispensary for immediate medical aid. The Sub-Inspector however, made station diary entry No. 272, of these facts, which has been marked as Ext. 4
4. The doctor in the dispensary at Bhagwanpur gave medical treatment but finding the condition critical advised to take Lal Bahadur Singh to Bhabhua hospital for proper and better treatment. The same Sub- Inspector P.W. 8 got back to Thana and made further entries of these facts in his station diary No, 274 (marked Ext. 4/1) and then made arrangements to remove the victim to Bhabhua hospital by a bus. P.W. 8 has then said that Lal Bahadur Singh was brought out of the State Dispensary and after detaining him by the roadside took down his statements (recorded as fardbeyan Ext. 1/1) and he was then taken to Bhabhua and admitted in the hospital.
5. It is here at Bhabhua that P.W. 8 thought of getting his dying-declaration recorded by a Magistrate. He sent a requisition to S.D.O. Bhabhua for deputation of a Magistrate and one Kanhaiyaji Srivastava, an Executive Magistrate came to the hospital and recorded the dying-declaration of Lal Bahadur Singh. This document has been marked Ext. 9. P.W. 8 then took steps to examine other witnesses, who had accompanied Lat Bahadur Singh all through upto Bhabhua Hospital. Here again the doctor at Bhabhua finds, the condition fast deteriorating advised to take L
