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PATNA HIGH COURT
Surendra Narain Jha and R.N.Lal JJ.
Ram Bilash Rai
Versus
State Of Bihar
Criminal Appeal No. 72 of 1988 ;
Decided On : MAY 17, 1990
CRIMINAL APPEAL - SECTION 302/34 OF THE INDIAN PENAL CODE - MURDER - CONVICTION AND SENTENCE - EVIDENCE - WITNESSES - FIRST INFORMATION REPORT - MATERIAL WITNESSES - PARTISAN WITNESSES - SCRUTINY OF EVIDENCE - LEGAL PRINCIPLES.
Fact of the Case:
Appellants were convicted and sentenced for murder under Section 302/34 of the Indian Penal Code. The prosecution alleged that the appellants quarreled with the deceased over grazing rights on a piece of land and subsequently attacked him with daggers, causing fatal injuries.
Finding of the Court:
The court found that the prosecution had established the genesis and manner of the occurrence through the testimonies of eyewitnesses, including the informant, his brother, and other family members. The court also considered the medical evidence and the post-mortem report, which corroborated the prosecution's case.
Issues: 1. Whether the fardbeyan (informant's statement) can be considered a valid First Information Report (FIR). 2. Whether the conviction can be sustained despite the non-examination of certain material witnesses. 3. Whether the evidence of partisan and interested witnesses can be relied upon.
Ratio Decidendi: 1. The court held that the fardbeyan, though recorded during the course of investigation, can be used for contradiction under Section 162 of the Code of Criminal Procedure and does not invalidate the conviction. 2. The court found that the non-examination of certain material witnesses, including the Choukidar, Dafadar, and station masters, did not affect the prosecution case as the testimonies of other eyewitnesses were sufficient to establish the guilt of the accused. 3. The court acknowledged that partisan witnesses' evidence should be subjected to strict scrutiny but held that it can still be accepted if it is subjected to careful scrutiny and accepted with caution.
Final Decision: The court dismissed the appeal and upheld the conviction and sentence imposed by the trial court. The appellants were directed to surrender to serve out their sentences, and their bail bonds were canceled.
Surendra Narain Jha, J.
1. Appellants no. 1 and 2, namely, Ram Bilash Rai and Sattan Rai respectively, have been convicted under Sec. 302 of the Indian Penal Code (for short Penal Code) and have been sentenced to undergo imprisonment for life. Appellants No.3 and 4, namely, Ram Pratap Rai and Budhan Rai respectively, have been convicted under Sec. 302/34 of the Penal Code and have been sentenced to undergo imprisonment for life.
2. Appellant No.4, Budhan Rai, was also charged under Sec. 302 read with Sec. 114 of the Penal Code, but he was acquitted of the said charges.
3. The prosecution case, in short, is that on 25th June, 1986 at about 11.00 p.m. one Jallal Rai (P.W. 10) of village-Supaul, Police Station Angarghat in the district of Samastipur, lodged a fardbeyan (Ext.-2) which was recorded by the Officer Incharge of Angarhat Police Station, Jagroop Ram (P.W. 12) at Jailals house alleging, inter alia, that deceased Baidyanath Rai had taken BALLA (settlement) of one mile of land by the side of railway line on auction from the Railways and on account of which a dispute was coming in between the deceased on the one hand and the accused Ram Bilash Rai (Appellant No.1) and Ram Pratap Rai (Appellant No. 3) sons of Budban Rai (Appellant No. 4) on the other. It appears that on the same day at about 2.00 P.M. the accused have quarrelled with the deceased for grazing their cattle in the BALLA, which was some how averted at that time. Appellant No. 1, Ram Bilash Rai, wanted that his cattle should also graze in the said BALLA without any payment, which was the cause of the said quarrel.
4. Further case of the prosecution is that on that very date at about 7.30 p.m. all the four appellants came at the house of the deceased and appellant No. 1, Ram Bilash Rai, started stabbing the deceased Baidyanath Rai. The deceased tried to defend himself by his hands and received some injuries in his hand, but appellant No.4, Budhan Rai, caught hold of his left hand and appellant No.3, Ram Pratap Rai, caught hold of his right hand and on the order of appellant No.4, Budhan Rai, to kill the deceased, Appellant No. 1, Ram Bilash Rai, inflicted a Chhura blow on the left PANJARA and Appellant No.2, Sattan Rai, inflicted a Chhura blow on the chest of the deceased Baidyanath Rai, as a result of which he fell down on the ground and all the appellants left the place of occurrence. It is stated in the fardbeyan that P.W.1 Madan Rai, P.W.2, Gulab Rai@ Gulai Rai, P.W. 5, Ram Bhujhawan Rai and Upendra Rai (not examined) have seen the occurrence. The occurrence took place at the DARWAJA of the deceased and the appellant No. 1, Ram Bilash Rai, had injured his palm from his own dagger during the commission of the crime. The fardbeyan bears the thumb impression of the informant (P.W. 10). Gulab Rai@ Gulai Rai (P.W. 2) and Ram Bhujawan Rai (P.W. 5) have also put their signatures on the fardbeyan.
5. On the basis of the said fardbeyan a formal-First Information Report (Ext 3) was recorded and Angarghat Police Station Case No. 26 dated 26-6-1986 was registered against the appellants.
6. The defence case is that they have been falsely implicated in this case. As a matter of fact, so settlement was ever taken by the deceased from the Railways and the entire story of dispute in between them and the deceased for grazing the cattles in the lands in question is imaginary and has been concocted for implicating them.
7. The prosecution in order to substantiate the charges levelled against the accused persons has examined altogether 13 witnesses. Out of them, P.W.1 (Madan Rai), P.W. 2 (Gulab Rai@ GulaiRai), P.W. 5 (Ram Bhujawan Rai) and P.W.6 (Devki Devi) are eye witnesses including the informant (P.W. 10 Jailal Rai). P.W. 7 (Suuama Devi) is a tendered witness and the mother of the deceased. P.W. 3 (Avinash Prasad Singh), P.W. 4 (Khurshid Alam), P.W. 8 (Shib Sharan Singh), P.W. 9 (Rajeshwar Prasad) and P.W. 13 (Bhola Rai) are formal witnesses, who have proved certain pa
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