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2010 Supreme(Pat) 1175
PATNA HIGH COURT
Shyam Kishore Sharma and Gopal Prasad JJ.
Raghubansh Rai
Versus
State Of Bihar
Criminal Appeal No. 521 of 2004
Decided On : MAY 7, 2010
The main legal point established in the judgment is the standard of proof required for conviction, which the court found was met in the case of Kuldip Rai and Deep Narain Rai but not in the case of Bira Rai and Raghubansh Rai.
Headnote:
Criminal Appeal - Conviction under Sec.302/34 of the Penal Code and Sec.27 of the Arms Act - Sec.302/34, Sec.27 - The court analyzed the evidence and found that the prosecution was able to prove the charges beyond reasonable doubt. The conviction and sentence against Kuldip Rai and Deep Narain Rai were confirmed. However, Bira Rai and Raghubansh Rai were acquitted due to lack of cogent and reliable evidence against them.
Fact of the Case:
The prosecution alleged that the appellants were involved in the murder of Laxman Kumar @ Nepali due to prior enmity. The defense claimed that the accused were falsely implicated and not present at the time of the occurrence.
Finding of the Court:
The court found that the prosecution was able to prove the charges beyond reasonable doubt against Kuldip Rai and Deep Narain Rai, confirming their conviction and sentence. However, Bira Rai and Raghubansh Rai were acquitted due to lack of evidence against them.
Issues: The main issue was whether the prosecution was able to prove the charges beyond reasonable doubt.
Ratio Decidendi: The court considered the oral and documentary evidence, including witness testimonies and the investigating officer's report, to determine the credibility of the prosecution's case. The court also addressed the delay in sending the first information report to the Chief Judicial Magistrate, concluding that it did not undermine the prosecution's case.
Final Decision: The conviction and sentence against Kuldip Rai and Deep Narain Rai were confirmed. Bira Rai and Raghubansh Rai were acquitted and released from their liabilities of bail bonds.
Gopal Prasad, J.
1. These two criminal appeals (Cr. Appeal (D. B.) No.491 and 2004 and Cr. Appeal (D. B.) No.521 of 2004) are being heard together and disposed of by this common judgment in view of the fact that both the appeals arise out of the same judgment passed in Sessions Trial No.197/93 of 2001 by the Additional Fast Track Court, II, Patna, dated 30.06.2006.
2. The appellants, Raghubansh Rai and Bira Rai of Cr. Appeal (D. B.) No.491 of 2004 and appellants Kuldeep Rai and Udit Narain Rai of Cr. Appeal (D. B.) No.521 of 2004 have been convicted under Sec.302/34 of the Penal Code and have been sentenced to undergo rigorous imprisonment for life. Accused Deep Narain Rai and Kuldeep Rai have further been convicted under Sec.27 of the Arms Act and have been sentenced to undergo rigorous imprisonment for three years for offence under Sec.27 of the Arms Act. However, it has been ordered that both the sentences, against the convicts, Deep Narain Rai and Kuldeep Rai, shall run concurrently.
3. The prosecution case, as alleged in the fardbeyan of the informant, Ram Bilas Rai, that on 25.09.1990 at about 05.30 p. m. his son, Laxman Kumar @ Nepali, went to bring his cloth from Supreme Tailor which was given for stitching. The said Supreme Tailor is beside the State Bank of India on Ashok Raj Path. The informant was at his shop, which is at Gandhi Chowk. In the meantime, accused, Deep Narain Rai, Bira Rai, Raghubansh Rai and Kuleep Yadav, were seen going towards the Bank and all were steering at him, this cast suspicion and then the informant also went after them. Further, case of the prosecution is that all the four went and stopped near Supreme Tailor, where Laxman Kumar, son of the informant was sitting in the shop of Tailor. In the meantime, Deep Narain Rai and Bira Rai commanded that he is Laxmanwa, who is sitting, kill him, and Deep Narain Rai and Kuldeep Rai took out country made pistol and fired which hit on the head of the son of the informant. It has further been alleged that all the four persons were armed with country made pistol and out of the firing of Deep Narain and Kuldeep, his son got injured and succumbed to injury. The motive of the occurrence has been alleged as the prior enmity for the reason that on 06.10.1989 the accused persons have taken some clothes from his shop and when the money was demanded then they had threatened to kill and ultimately they killed.
4. However, after the occurrence in between 50.30 p. m. to 05.45 p. m. the fardbeyan was recorded at about 05.50 p. m. on 25.09.1990 near the said tailoring shop and the first information report was lodged at 06.45 p. m. on 25.09.1990 at Pirbahore Police Station and the investigation proceeded, but first information report was received at Chief Judicial Magistrate office on 27.09.1990 though after the investigation charge sheet was submitted, cognizance taken and subsequently the case was committed to the Court of sessions. After commitment the charge was framed under Sec.302/34 of the Penal Code against Bira Rai and Raghubansh Rai and charge was framed under Sections 302 of the Penal Code and 27 of the Arms Act against Kuldeep Rai and Deep Narain Rai.
5. After the framing of the charge sheet the trial proceeded and during trial six witnesses were examined, who are P. W.1, Munni Sao, P. W.2, Ram Bilas Rai, the informant and father of the deceased, P. W.3, Shiv Pujan Sao, the brother of the deceased, P. W.4, Md. Hedayatullah, owner of the tailoring shop, P. W.5, Dr. Arvind Kumar Singh, who has done autopsy on the person of the deceased, and P. W.6, Ram Singh, the investigating officer. Documentary evidence adduced in this case is Exhibit 1, the signature of the informant on the fardbeyan, Exhibit 1/1, the signature of Shiv Pujan on the fardbeyan, Exhibit 1/2, the signature of Ram Bilas Sao on the inquest report, Exhibit 2, a purza (prescription), Exhibit 3, the signature on the seizure list, Exhibit 4, the post mortem report, Exhibit 5, the written
