Back
PATNA HIGH COURT
R.N.Prasad and B.P.Sharma JJ.
Gulab Sain
Versus
State Of Bihar
Criminal Appeal No. 518 of 1983 ; 549 of 1983 ;
Government Appeal No. 4 of 1994 ;
Decided On : DECEMBER 11, 1998
CRIMINAL LAW - Section 396, IPC - Murder committed in commission of dacoity - Liability of members of gang - Identification of accused - Acquittal of some accused - Interference with findings of trial court.
Fact of the Case:
A group of dacoits raided the house of the informant and looted valuables. In the process, they shot and killed two persons. The informant and his family members identified some of the dacoits. The trial court convicted 11 persons under Section 396 of the Indian Penal Code and acquitted 7 persons. The State appealed against the acquittal of the 7 persons. The convicted persons filed appeals challenging their conviction.
Finding of the Court:
The court held that the murder of the two persons was committed by the dacoits in order to facilitate their commission of dacoity. Therefore, Section 396, IPC was rightly applied in this case. The court also held that the identification of the accused by the witnesses was reliable and there was no reason to interfere with the findings of the trial court in this regard. However, the court dismissed the State's appeal against the acquittal of the 7 persons, holding that the trial court's findings in this regard were justified.
Issues: 1. Whether the murder of the two persons was committed in commission of dacoity? 2. Whether the identification of the accused by the witnesses was reliable? 3. Whether the trial court was justified in acquitting the 7 persons?
Ratio Decidendi: 1. The court held that the murder of the two persons was committed by the dacoits in order to facilitate their commission of dacoity. Therefore, Section 396, IPC was rightly applied in this case. The court relied on several precedents to support its conclusion. 2. The court held that the identification of the accused by the witnesses was reliable. The court noted that the witnesses were inmates of the house in which the dacoity was committed and that they had sufficient opportunity to observe the accused. The court also noted that the witnesses had consistently identified the accused in their statements to the police and in court. 3. The court held that the trial court was justified in acquitting the 7 persons. The court noted that the names of these persons did not appear in the FIR and that they were not identified by any of the witnesses for the prosecution. The court also noted that there was evidence of enmity between the informant and the acquitted persons.
Final Decision: The court dismissed the appeals of the convicted persons and confirmed the judgment and order of the trial court. The court also dismissed the State's appeal against the acquittal of the 7 persons.
B.P.Sharma, J.
1. All these three appeals have been filed against the judgment and order passed by 2nd Addl. Sessions Judge, Rohtas at Sasaram in Sessions Trial No. 7 of 1991. By a judgment dated 19th October, 1993, the learned Addl. Sessions Judge convicted altogether 11 persons under Section 396 of the Indian Penal Code and sentenced them to undergo RI for life. By the same judgment dated 19th of October, 1993, the learned trial Court acquitted 7 of the accused persons of the charge under Section 396 of the Indian Penal Code. Out of 11 persons convicted by the trial Court, 8 persons, namely, Gulab Sain, Jahndar Sain, Bramha Singh, Munni Singh, Jhakai Bind, Briksh Bind, Kera Bind and Babulal Bind, filed an appeal which was registered as Cr. Appeal No. 518 of 1993, out of these 8 appellants, appellant No. 4, Munni Singh has since died and the appeal against him stood abated as per the order dated 25.11.1998. Two of the convict, namely, Bhan Singh and Subhas Singh filed a separate appeal which has been registered as Cr. Appeal No. 549/93. The State of Bihar also filed an appeal against the order of acquittal passed by the trial Court against 7 of the accused, namely, Sheo Murat Bind, Shankar Bind, Raja Ram Chamar, Nithonar Chamar, Prem Chamar, Dularchand Chamar and Rashid Mian. This appeal has been registered as Government Appeal No. 4/94. No appeal appears to have been filed on behalf of one of the convicts, namely, Mohan Bind. It is thus clear that Cr. Appeal No. 518/93 stands against seven appellants excepting appellant No. 4, Munni Singh and there are two appellants in Cr. Appeal No 549/93.
2. The facts of the case, in brief, are like this. In the evening of 1st of September, 1989, the informant Gulab Singh (PW 6) had returned from the market at Bhabhua to his village Fakhrabad within P.S. Chainpur, District Bhabhua in the company of his nephew Krishna Singh (PW 1). They had purchased fertilizers and had brought the same on a tractor. After reaching their home, they went inside the house and started taking breakfast. While they were taking breakfast they heard some sound of firing from out- side and both of them came out of the house and they saw a group ofpersons coming towards their house. They further saw that one Madan Singh, the nephew of the informant, came out of his baithaka from the side of his house and started moving and when he was on the Southern side of a temple known as Mahabir Asthan the appellant Gulab Sain fired at him which hit him in his leg. Thereafter Munni Singh (Appellant No. 4) of Cr. Appeal No. 518/93 (since dead) opened fire and this shot hit the chest of the said Madan Singh and he fell down and instantaneously died. Thereafter the group of persons moved ahead uttering that their ambition was fulfilled and also uttered that they shall loot, in the house of the informant. As the dacoits came near the house of one Pritam Singh they found his Karinda Hasim Khan standing and the appellant Jahandar Sain (Appellant No. 2 of Cr. Appeal No. 518/93) opened fire hitting in the chest of the said Hasim Khan who also fell down and died. Then the informant and his nephew Krishna Singh ran towards their house to save their lives and they went upstairs hurriedly and the culprits entered the house of the informant and started enquiring from the female members present in the house as to who was the wife of Madan Singh, the deceased and they also enquired from them as to where were those two persons who had returned from the market on the tractor. The female inmates did not disclose it by saying that they were not available and the dacoits assaulted some female members and thereafter procured the keys of the house and boxes from the ladies and ransacked the different rooms and removed valuables. They also snatched the ornaments from the person of the lady inmates present there and thereafter they ran away. The informant had seen some of the dacoits and identified them. Subsequently, a Police Officer arrived
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
