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PATNA HIGH COURT
D.P.S.Choudhary and M.L.Visa JJ.
Ram Nath Nonia
Versus
State Of Bihar
Criminal Appeal No. 269 of 1992 ;
Decided On : AUGUST 18, 1999
CRIMINAL APPEAL - SECTION 302 IPC - FACT OF THE CASE, FINDING OF THE COURT, ISSUES, RATIO DECIDENDI AND FINAL DECISION - MAIN LEGAL POINT - CATEGORY AND SUB-CATEGORY
Fact of the Case:
The appellant was convicted of murder under Section 302 of the Indian Penal Code (IPC) for killing the deceased with a garasi (axe). The prosecution's case was that the appellant had a dispute with the deceased's employer and had asked the deceased not to work for him, but the deceased had refused. On the night of the murder, the appellant attacked the deceased while he was sleeping, inflicting fatal injuries to his neck and wrist.
Finding of the Court:
The court found that the prosecution had proved its case beyond a reasonable doubt. The eyewitness testimony of the deceased's mother and wife, as well as the evidence of other witnesses who saw the deceased with injuries and were told by the inmates of the house about the commission of murder by the appellant, was found to be credible and reliable. The court also found that the appellant's apprehension with a blood-stained garasi shortly after the murder further corroborated the prosecution's case.
Issues: 1. Whether the prosecution had proved the charge of murder against the appellant beyond a reasonable doubt. 2. Whether the absence of proof of motive rendered the entire case of prosecution unbelievable.
Ratio Decidendi: The court held that the prosecution had proved the charge of murder against the appellant beyond a reasonable doubt based on the following factors: (1) the eyewitness testimony of the deceased's mother and wife, (2) the evidence of other witnesses who saw the deceased with injuries and were told by the inmates of the house about the commission of murder by the appellant, and (3) the appellant's apprehension with a blood-stained garasi shortly after the murder. The court also held that the absence of proof of motive did not render the entire case of prosecution unbelievable, as the ocular evidence on the point of commission of murder by the appellant was explicit and was fully supported by the medical evidence and the evidence of other witnesses.
Final Decision: The court dismissed the appeal and confirmed the judgment and order of the lower court convicting and sentencing the appellant to life imprisonment.
M. L. VISA, J.
1. This appeal by sole appellant Ram Nath Nonia is directed against the judgment and order dated 4-2-1989 passed by the Sessions Judge, Gopalganj in Sessions Trial No. 44 of 1988 convicting and sentencing the appellant to undergo R.I. for life under Sec. 302 of IPC.
2. Briefly stated the prosecution case is that on the night of 27-5-87 Jagernath Nonia, son of informant after taking meal was sleeping on a cot in a sahan (open land) situated north to the house of appellant whereas his mother, informant, (PW 3) was sleeping in the angan of her house. At about 2.00 AM in the night the informant woke up on hearing some moaning sound (in Fardbeyan, sound of cutting) and when she came out of her house she found the appellant giving a garasi (an axe) blow on the neck of her deceased son Jagernath Nonia and she further found that he had already given some more garasi blows on her son. When the informant raised alarm and tried to catch hold of appellant the appellant ran to assault her with garasi. On hulla of informant her daughter-in-law Sonia Devi alias Sita Devi (PW 1) also came there running and the appellant thereafter fled away with the garasi. The informant found that the neck of her son was cut and he had injury on his right wrist also and blood had fallen on the ground. The villagers, namely, Rajendra Nonia (not examined), Ganga Nonia (PW 9), Promod Kumar Mishra (not examined), Swaminath Upadhaya (PW 10) and others arrived there and the informant told them about the occurrence. On the next day i.e., on 28-5-87 at about 7.00 A.M. Rabindra Nonia (PW 4), minor son of Somari Mahto (PW 5) found the appellant hiding with blood stained garasi below the staircase of his house. He then raised alarm on which the villagers, namely, Rajendra Nonia (not examined), Ganga Nonia (PW 9), Vishwanath Nonia (not examined) and others came there and they apprehended the appellant with blood stained garasi. Mukhiya Swaminath Upadhya (PW 10) sent informant to police out post through Chaukidar and from there A.S.I. Basant Mr. Singh (PW 12) came and recorded the Fardbeyan (Ext. 4) of informant at about 11.00 A.M. About the motive it is alleged that the deceased son of informant used to work with one Jogendra Nonia as a labourer and the appellant had some dispute with Jogendra Nonia and due to this reason he had asked the deceased not to work for Jogendra Nonia but the deceased did not obey him.
3. Basant Nr. Singh (PW 12) sent the Fardbeyan of informant to the Mirganj P.S. where a formal F.I.R. (Ext. 3) was drawn up against the appellant under Sec. 302 of IPC and he prepared inquest report (Ext. 5) for the dead body of the deceased and sent the dead body for post mortem examination and took up the investigation of the case and arrested the appellant who was produced before him by the villagers along with a blood stained garasi (Ext. 1). The I.O. prepared a production list (Ext. 6) for the garasi and he inspected the place of occurrence and found that blood had fallen on the ground where the cot on which the deceased was lying was kept. He seized the blood stained earth and prepared seizure list (Ext. 7) and sent the blood stained earth and garasi for forensic examination. He also prepared sketch map (Ext. 8) of the P.O. and after recording the statements of witnesses and receipt of report of post mortem examination (Ext.1) and report of chemical examination (Ext. 9) for blood stained earth and garasi submitted charge sheet against the appellant under Sec. 302 of IPC. The cognizance of the case was taken and the appellant was put on trial after framing of charge under Sec. 302 of IPC and he was found guilty by the Court below and, accordingly, was convicted and sentenced to undergo imprisonment for life under Sec. 302 of IPC.
4. The case of appellant as it appears from the trend of cross-examination of prosecution witnesses is that no occurrence as alleged ever took place and he has been falsely implicated in this case at the inst
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