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2000 Supreme(Pat) 624
PATNA HIGH COURT
R.N.Sahay and D.P.S.Choudhary JJ.
Bhuvneshwar Bind
Versus
Dana Yadav @ Dahu
Criminal Appeal No. 245 of 1986 ; 254 of 1986 ; 268 of 1986 ;
Decided On : APRIL 21, 2000
The main legal point established in the judgment is the importance of reliable witness identification in criminal cases and the impact of discrepancies on the prosecution's case.
Headnote:
Identification - Criminal Law - IPC Sections 436, 302/149 - The judgment discusses the identification of the accused persons in a criminal case and the weaknesses in the prosecution's case due to discrepancies in witness identification. The court analyzed the evidence of identification for each accused and acquitted some based on lack of sufficient evidence.
Fact of the Case:
The case involved a riot in a village resulting in the burning of a house and violent deaths of individuals. The prosecution's case relied on witness identification of the accused persons.
Finding of the Court:
The court found weaknesses in the prosecution's case due to discrepancies in witness identification and acquitted some accused based on lack of sufficient evidence.
Issues: Weaknesses in witness identification, discrepancies in the prosecution's case, and the reliability of oral evidence.
Ratio Decidendi: The court analyzed the evidence of identification for each accused and acquitted some based on lack of sufficient evidence.
Final Decision: Some accused were acquitted due to weaknesses in witness identification and lack of sufficient evidence, while others were convicted based on the evidence presented.
R.N.Sahay, J.
1. By the judgment and order dated 14th May, 1986 the 4th Addl. Sessions Judge, Gaya convicted nine persons out of 14 persons but on trial in S.T. No. 5/95-232/84 in respect of the offences punishable under Sections 436, 302/149, IPC. Three sets of appeal have been preferred before this Court. This judgment will govern and dispose of all the three appeals.
2. On 25.4.1983, Mohd. Azhar, the Officer-in-Charge of Konch Police Station was on petrolling duty in the night. He was accompanied by the Subordinate Police Officials. While he was proceeding towards Konch, he met one Harihar Bhagat on the way who informed him that riot has taken place in village Karma and house was set on fire. The Officer-in-Charge rushed towards Karma and found the house burning. He tried to extinguish the fire with the help of the villagers. He met one Shambhu Prasad Komal, PW 14, who was a Journalist, an Office Bearer of All India Revolutionary Forward Black Party. Shambhu Prasad gave his statement to the effect that on 25.4.1983, some persons belonging to his party were taking rest at the Darwaza of Ram Ratan Yadav, who was also his partyman. A group of persons belonging to his party were on padyatra campaign to create consciousness among the local people and to cowbat terrorism prevailing in the locality. The group was headed by their leader, Balmukund Rahi. The padyatra started on 22.4.1983 and was to end on 27.4.1983. On 25.3.1983, the party had a function at Garua which ended at 7 p.m. Thereafter the padyatra group proceeded to village Karma to take rest in the night at the Dalan of Ram Ratan Yadav. The partymen were taking rest. At about 9 p.m. slogans were heard from towards south and in no time a mob consisted of 100-200 persons came to the Dalan of Ram Ratan Yadav and surrounded the place. The mob was armed with various weapons including firearms. They challenged the persons taking rest. This caused them to run for their life. Some persons including Shambhu Prasad took shelter inside the Dalan and shut the door from inside. They saw that fire was set on the eastern side of the building. Shambhu Prasad and others afraid of being rested alive opened the door and came out. As soon as his companions came out they were surrounded by the mob and they were taken to the south-east of the village and at the place those persons, namely, Balmukund Rai, Chandradeo Yadav and Ganesh Yadav were picked up. The persons who picked up these victims were Dara Singh, Kamdeo Yadav, Bindeshwar Yadav, Padum Dasadh, Dudheshwar Dusadh, Gupta Yadav and Bhuneshwar Bind. They kept these victims further east to the place where Balmukund and Chandradeo were subjected to violent death. Their heads were severed by Pasuli. The third person, Ganesh Yadav (PW 1) managed to escape, though he was attacked with sharp cutting weapon. The group of criminals surrounded the informant and his companions. Shambhu Prasad identified 12 persons, namely, Ram Chandra Yad Firangi Yadav, Daman Yadav, Mundrika Yadav, Madan Dusadh, Bhawani Dusadh, Bulla Yadav, Dahu Yadav, Bilash Yadav, Kishun Yadav, Ramautar Dusadh and Raghubir Chamar.
3. These persons were armed with various weapons after murdering two persons, mentioned above, they fled away towards village Pandey Pokhar.
4. Officer-in-Charge, Ad. Azhar, after recording the fardbeyan of Shambhu Prasad inspected the site of occurrence and then proceeded towards the line of culprits and from a bush four persons, namely, Dana Yadav, Krishna Yadav, Bilash Yadav and Ramratan Dusadh who were identified by the informant as accused persons arrested. These persons were identified by the informant as accused persons.
5. After investigation charge-sheet was submitted against 12 persons. 13 accused persons were shown as absconder in the charge-sheet. Subsequently some persons who were declared absconder surrendered in the Court. They were put on trial.
6. The learned Addl. Sessions judge on assessment of direct evidence of the witness
