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1995 Supreme(Pat) 255
PATNA HIGH COURT
R.N.Sahay and P.K.Deb JJ.
Maleshwar Bhagat
Versus
State Of Bihar
Criminal Appeal No. 42 of 1992 ;
Decided On : APRIL 28, 1995
In a criminal case, the prosecution must prove beyond a reasonable doubt that the defendant committed the crime. If the evidence is insufficient to meet this burden, the defendant must be acquitted.
Headnote:
CRIMINAL LAW - MURDER - SECTION 302 IPC - ACQUITTAL - INSUFFICIENT EVIDENCE - DYING DECLARATION - UNRELIABLE - MOTIVE NOT CLEARLY ESTABLISHED - INDEPENDENT WITNESSES NOT EXAMINED - CONVICTION SET ASIDE.
Fact of the Case:
The appellant was convicted of murdering his pregnant girlfriend, Birsi Kumari, after she refused to marry him. The prosecution's case was that the appellant stabbed Birsi multiple times in a secluded area near her village. The only eyewitness to the crime was the victim's brother, Jagatmani Bhagat, who claimed to have seen the appellant fleeing the scene with a torch.
Finding of the Court:
The court found that the prosecution's case was weak and unreliable. The court noted that there were several infirmities in the evidence, including the lack of a torchlight to corroborate Jagatmani's testimony, the contradictory evidence of the victim's uncle, and the failure to examine independent witnesses who could have shed light on the incident.
Issues: 1. Whether the evidence was sufficient to prove beyond a reasonable doubt that the appellant committed the murder. 2. Whether the dying declaration of the victim was admissible and reliable.
Ratio Decidendi: The court held that the evidence was insufficient to prove beyond a reasonable doubt that the appellant committed the murder. The court found that the eyewitness testimony was unreliable and that the dying declaration was not admissible because it was not made in the presence of a magistrate. The court also found that the motive for the murder was not clearly established and that the investigation was inadequate.
Final Decision: The court acquitted the appellant of the murder charge.
R.N.Sahay, J.
1. The appellant Maleshwar Bhagat, aged 25 years has been sentenced to imprisonment for life for committing the murder of Birsi Kumari, aged 15 years. The appellant was tried before the Sessions Judge of Gumla in Sessions Trial No. 225/90. Deceased, Birsi Kumari was involved in a love affair with the appellant. She was carrying a pregnancy of about sixmonths. The appellant wanted to marry her. The deceased refused to marry him and this led to her murder. According to the prosecution case, Jagat mani Bhagat the informant of the case inhabitant of village Nawdiha Keratoli, P.S. Ghaghra in the district of Gumla. Jagatmani at the material time was posted at Hajipur in the capacity of constable. He had come on leave on 11.5.1990. His family consisted of his wife, his sister, father Jharia Bhagat, his mother and two brother. His married sister Basant Devi had also come from her Sasural to visit to her parents. The appellant is of the same village. He was a student.
2. Jagatmani at about 8 p.m. on 15.5.1990 had gone out to answer call of nature with an electric torch. He heard cry and ran on the direction from where the cry had emanated. He again heard a cry. He ran about 20 to 25 yards and flashed his torch. He saw his sister, Birsi struggling with the appellant. On seeing torch light, the appellant pushed her and fled. Birsi chased the appellant to some distance. Hagatmani reached near her and found wounds on hands and abdomen and blood was dropping from the wounds. She disclosed that Maleshwar had inflicted the wounds. The place of occurrence was about 2000 yards from the house of the informant. The informant shouted for help. His brother, father and villagers including Dhira Oran and Shani Oraon arrived. She again stated that Maleshwar had stabbed her. She was brought home. Many people arrived there. She was being taken to Ghagra but she expired on the way.
3. The deceased had gone out about 15 minutes earlier than Jagatmani. He too had gone to answer call of nature. At 22 hours Jagatmani with some of the villagers reached Ghagra P.S. with the dead body of Birsi and gave oral report of the incident (Ex. 1). The investigation was taken up by Ezra Bedra, Officer-in-charge of Ghaghra P.S. The investigator inspected the place of occurrence on the next day. According to the police officer the place of occurrence was about 300 yards from village Nawadih. It was a parties land of Shani Oraon where signs of scuffle and fresh blood-stains were found. He did not seize anything from the place of occurrence. It is worthy to note that there was no habitation within 300 yards of the P.O. The accused Maleshwar Bhagat was arrested from his house on 20.5. 1990. No torch was produced before the Investigating Officer by Jagatmani.
4. On 16.5.1990, Dr. Y.P. Sanga, Civil Assistant Surgeon, Sadar Hospital, Gumla held post-mortem on the deadbody of Birsi Kumari. The following injuries were found on the dead body:
1) " Incised penetrating wound over abdomen below and lateral to epigastric region left side ½ x 2" x 4" cutting large intestine partially at multiple points.
2) Incised wound I" x¼ " x 2" over right fore-arm below elbow joint.
3) Incised wound I" x¼ x½ " over right fore arm.
4) Incised wound I" x½ ," x½ " over right wrist.
5) Incised wound over right index finger ¼ " x 1 ½ " x½ ".
6) Incised wound over left first matecarpol joint palmer aspect ½" x 1/10" x 1/10".
7) Incised wound over dorsal aspect of left palm 11/2#29; x 1/10" x 1/10".
8) Incised wound over right knee joint ½ #28; x 1/10#29; x 1/10#29;.
The deadbody was of a female aged about 15 years with blood stained hands and front of abdomen with large dark-stained areola, seminal fluid over valva and seminal-stained petty coat with no auxiliary and pubic hair growth. On dissection of uterus the size was of about 29 week of pregnancy with inside a dead male foetus about 12" in length with hair over scalp of dead foetus. Thus, the foetus was viable. All injuries wer
