Back
2004 Supreme(Pat) 219
PATNA HIGH COURT
Aftab Alam and Bal Krishna Jha JJ.
Abdul Rahman & Ors. Etc., Jamal @ Jamaluddin
Versus
State Of Bihar
Criminal Appeal No. 423 of 2000 ;
Criminal Appeal No. 518 of 2000 ;
Decided On : FEBRUARY 24, 2004
The central legal point established in the judgment is the requirement for reliable and trustworthy evidence, especially in cases where the conviction is based on the testimony of a sole eye witness.
Headnote:
Conviction - Murder - IPC Sections 302/34, 307/34 - Summary of the acts and sections referenced and discussed by the court: The court discussed the evidence presented under Sections 302/34 and 307/34 of the Indian Penal Code, highlighting the testimony of the sole eye witness, Kudratulla, and the discrepancies in his statements under Section 164 and Section 161 of the Criminal Procedure Code. The court found compelling reasons to disbelieve the evidence of the sole eye witness and acquitted all the appellants based on the benefit of doubt.
Fact of the Case:
The case involved the murder of Kasim and the assault on Kudratulla. The prosecution relied on the testimony of Kudratulla as the sole eye witness to the occurrence.
Finding of the Court:
The court found compelling reasons to disbelieve the evidence of the sole eye witness, Kudratulla, and disagreed with the judgment of conviction recorded by the trial judge against the appellants. All the four appellants were acquitted of the charges.
Issues: The key issue revolved around the reliability of the testimony of the sole eye witness, Kudratulla, and the discrepancies in his statements under Section 164 and Section 161 of the Criminal Procedure Code.
Ratio Decidendi: The court's decision was based on the lack of reliability and trustworthiness of the testimony of the sole eye witness, Kudratulla, and the discrepancies in his statements under Section 164 and Section 161 of the Criminal Procedure Code.
Final Decision: All the four appellants were acquitted of the charges.
BAL KRISHNA JHA, J.
1. By the order dated 30th/ 31st August, 2000, the then learned Additional Sessions Judge-II, Katihar, passed in Sessions Trial No. 145 of 1997, convicted all the four appellants under Sections 302/ 34, IPC and sentenced them to undergo R.I. for life. They were further convicted under Sections 307/34, IPC and were sentenced to undergo R.I. for seven years. Both the sentences were, however, ordered to run concurrently.
2. Being aggrieved, the appellant, Jamal @ Jamaluddin preferred Criminal Appeal No. 518 of 2000 and the appellants, Abdul Rahman, Wajuddin @ Waju and Lateef @ Md. Lateef, preferred Criminal Appeal No. 423 of 2000.
3. The informant, Md. Samir, P.W. 10 disclosed the prosecution case in his Jardbeyan (Ext. 9/1) lodged before the S.I., Sanjay Kumar Thakur of Barsoi Police Station on 31.1.1997 at 11.30 a.m. near Jankia Gomti, Village-Dhachhna, P.S. Barsoi, District Katihar. The informant stated that in the morning of 31st January, 1997 at about 7 a.m. some ladies engaged in parching Murhi raised hulla in village that after killing two persons their dead bodies had been thrown near Jankia Gomti. Thereafter there was hulla that the dead bodies were of Kasim and Kudratallah. On this information the informant alongwith co-villagers went at the place of occurrence and found his brother Kasim lying dead in pool of blood and Kudratallah had already been removed to a local Doctor for treatment. Md. Kasim, the brother of the informant was working at the residence of Kudratallah since his very childhood. The informant came to know that on the arrival of goods of Kudratallah by Link Express at Barsoi he went to deliver the goods at his shop at Barsoi and asked his brother, Kasim, to stay at the Barsoi Railway Station. Kudratallah came back to the Barsoi Station by last bus when it had already been evening. Kudratallah and Kasim both proceeded for the village-Dhachhna. The informant further came to know that when both of them arrived at Jankia Gomti unknown criminals attacked upon them. They assaulted Kudratallah on his head and tied his both hands. Kasim was killed by assaulting him with sharp edged weapon. Both Kasim and Kudratallah had no enmity with any body. Kudratallah had readymade garments shop at Barsoi. The informant, Md. Samir, saw the dead body of his brother, Kasim and found a round wound on the left side of his chest, injury on the right arm and head which appeared to be of dagger and his clothes were also found smeared in blood. He further stated that Kudratallah in unconscious state of mind was removed to Siliguri Hospital for treatment and after regaining consciousness he would actually disclose about the incidence but he has got no suspicion against any person.
4. Oh the basis of the Jardbeyan of the informant, Md. Samir, PW 10, a formal FIR (Ext. 8) was drawn up and Barsoi Police Station Case No. 13 of 1997 was instituted against unknown under Sections 302, 307, 326 and 324 of the Indian Penal Code. On completion of investigation police charge-sheeted all the four accused-appellants to stand trial under aforesaid Sections. They were ultimately put on trial for the charges under Sections 302/307 of the Indian Penal Code.
5. The defence of the appellants is that they had not at all committed the offence and have been falsely implicated in this case. No witness has been examined on behalf of the defence.
6. The prosecution examined altogether 16 witnesses in support of its case. Out of them PW 1, Obedullah is an witness to the inquest report and has proved his signature (Ext. No. 1) and that of Mansur Alam, PW 7 (Ext. No. 1/1). PW 2, Md. Khalilullah, PW 3, Md. Mashiuzzamam, PW 4, Md. Ataullah, PW 5, Md. Hashim, PW 8, Mirajul Ishlam, PW 7, Mansur Alam, PW 8, Md. Sabir @ Sadiq, PW 9, Md. Sayeed Anwar, PW 10, Md. Samir, the informant and PW 11, Md. Jafir Ahmad, are not the witnesses on the point of occurrence and they learnt about it from the injured witness, PW 12, Kudratallah. PW, 4 Md.
