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PATNA HIGH COURT
S.K.Homchaudhuri and S.J.Mukhopadhaya JJ.
Mahabir Singh
Versus
State Of Bihar
Criminal Appeal No. 175 of 1991 ;
Criminal Appeal No. 237 of 1991 ;
Decided On : NOVEMBER 24, 1995
CRIMINAL APPEAL - SECTION 302, 304 PART II, 147, 148, 307, IPC - FACTUAL MATRIX INVOLVING DISPUTED LAND, RESULTING IN A FATAL ALTERCATION - ANALYSIS OF PROSECUTION EVIDENCE, MEDICAL REPORTS, AND DEFENSE ARGUMENTS - DETERMINATION OF CULPABILITY AND APPROPRIATE SENTENCING.
Fact of the Case:
A dispute over a piece of land led to a violent altercation, resulting in the death of Arjun Singh. The prosecution alleged that the accused, Jagarnath Singh and Baijnath Singh, assaulted Arjun with an iron rod and a spade, respectively, causing fatal injuries. Other accused were also involved in the incident, leading to charges under various sections of the Indian Penal Code (IPC).
Finding of the Court:
The court found that the prosecution's evidence was tainted by interested and inimical witnesses, and that the non-explanation of grievous injuries sustained by accused Mahabir and Bishwanath raised doubts about the true version of events. The court also noted that the medical evidence did not support the prosecution's claim that Jagarnath had assaulted the deceased with a spade.
Issues: 1. Whether the prosecution had established the guilt of the accused beyond reasonable doubt. 2. Whether the non-explanation of injuries on the accused persons affected the prosecution case. 3. Whether the accused could be held liable for the death of the deceased under Section 302, IPC, or whether the offense fell under Section 304, Part II, IPC.
Ratio Decidendi: 1. The court held that the prosecution's evidence was unreliable due to the presence of interested and inimical witnesses, and the failure to explain the injuries on the accused persons raised doubts about the true nature of the incident. 2. The court relied on the Supreme Court precedent in Lakshmi Singh v. State of Bihar, which held that the non-explanation of injuries on the accused could lead to inferences of suppressed evidence, unreliable witnesses, and a probable defense version. 3. The court found that the evidence did not support a conviction under Section 302, IPC, for intentional killing, but that the accused Baijnath Singh could be convicted under Section 304, Part II, IPC, for culpable homicide not amounting to murder.
Final Decision: The court acquitted all the appellants except Baijnath Singh, giving them the benefit of the doubt. Baijnath Singh's conviction under Section 302, IPC, was set aside, and he was convicted under Section 304, Part II, IPC, with a sentence of imprisonment for the period already served.
S.K.Homchaudhuri, J.
1. Both the appeals are directed against the common judgment or conviction and sentences passed against the appellants of both the appeals, by the 3rd Additional Sessions Judge, Aurangabad, in 112/86 sessions trial No.---------and as such the appeals are heard together and dis-44/91 posed of by this common judgment.
2. The prosecution case, as disclosed from the Fardbeyan of Ambika Psasad (PW 8), the informant of the case, is that on 5-5-1985 around 10-30 a.m. accused Jagarnath Singh, Mahabir Singh, Baijnath Singh, Bishwanath Singh, Paras Singh had started filling up the foundation pit dug by the prosecution party in their own land, a day prior to 5-5-1985. Arjun Singh, brother of the informant well there and asked accused persons not fill up the foundation pit, thereupon a hot exchange of words between accused Mahabir Singh and Arjun Singh took place. The informant Ambika Singh and Ram Devi Singh went there to pacity but, in the meantime, at the instance of Mahabir Singh, accused Baijnath assaulted Arjun Singh on his head with SabaV (an instrument made of iron for digging earth). Arjun Singh fell down and accused Jagarnath Singh thereafter assaulted Arjun (the deceased) on his head with the blunt part of the spade in his hand. When the informant went to save Arjun, he was assaulted by accused Baijnath Singh with iron rod and accused Bishwanath with Lathi. The informant also fell down and thereafter, accused Nagendra Singh and Yogendra Singh assaulted him with Lathi. The uncle of informant Ram Devi Singh (PW) was also assaulted by accused persons. According to the informant, the occurrence took place due to the fact that accused persons claimed the land as their own where the foundation pit was dug.
3. On the basis of Fardbeyan a formal FIR was drawn up and the case was registered against the accused persons. Police after investigation submitted charge-sheet. The case was committed to the court of sessions and the learned 3rd Addl. Sessions Judge after perusal of materials on record, framed charges under Sections 148/302, IPC against accused Baijnath Singh and Jagarnath Singh, under Section 117/307/302, IPC read with 149, IPC against accused Pradip Singh, Bishwanath Singh, Nagendra Singh and Yogendra Singh and under Sections 147/302 read with 149, IPC against accused Mahabir Singh and Paras Singh. Accused persons having not pleaded guilty, the case was tried.
4. To bring home the charges against the accused persons, the prosecution examined 11 (eleven) witnesses PW 1, Sahdeo Prasad is a formal witness. PW 2, Nawzadik Singh and PW 3 Ram Devi Singh came to the place of occurrence after the occurrence PWs 4, 5 and 7 claim to be the eye witnesses to the occurrence. PW 8 Ambika Prasad is the informant and claim to be the eye-withess PW 6. Dasrath Singh is a formal witness. PW 9. Nand Kishore Prasad is the Medical Officer who examined injured Ambika Prasad. PW 10. Tarun Kumar is the investigating Officer, who held the investigation. PW 11, Dr. K. L. Sah is also a Medical Officer who held autopsy on the dead body of deceased Arjun Singh.
5. The defence examined four witnesses. DW 1, Mahabir Singh and DW 3 Baijnath Singh are the accused and DW 2. Ram Kishore Ram was Amin at the material time DW 4 is Dr. Subhash Sharma who examined the injured Mahabir Singh (DW 1) and Baijnath Singh (DW 3) on the date of occurrence. In the examination under Section 313, CrPC, the accused persons denied their complicity with the crime. The learned 3rd Addl. Sessions Judge after perusal of the materials on record, held that the prosecution has established the charges, against the accused persons beyond all reasonable doubt and, accordingly, convicted appellants-Baijnath and Jagarnath under Sections 148 and 302, IPC convicted appellants Mahabir Singh, Nagendra Singh, Pradip Singh, Parasnath Singh Bishwanath Singh and Yogendra Singh under Sections 147, 302 r/w Section 149, IPC and in addition convicted appellants. Pradip Singh,
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