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PATNA HIGH COURT
Shyam Kishore Sharma and Gopal Prasad JJ.
State Of Bihar
Versus
Lathi Singh @ Sujit Singh, Arbind Singh And Manoj Singh
Death Reference No. 3 of 2008
Criminal Appeal No. 72 of 2008 77 of 2008 79 of 2008
Decided On : AUGUST 05, 2010
CRIMINAL LAW - Murder - Death Reference - Appreciation of Evidence - Identification of Accused - Contradiction - Omission - Section 162 CrPC - Section 145 of the Indian Evidence Act, 1872 - Delay in sending FIR - Section 172 CrPC - Case Diary - Use of Case Diary as Evidence - Section 161 CrPC - Statement recorded under Section 161 CrPC - Use of Statement for Contradiction - Section 302/149 IPC - Section 17 of the Criminal Law Amendment Act - Section 27 of the Arms Act.
Fact of the Case:
60-70 persons armed with firearms entered a village and murdered four persons. The prosecution examined 14 witnesses, including the informant, eyewitnesses, and the investigating officer. The defense examined two witnesses. The trial court convicted the appellants under Sections 302/149 and 448 of the Indian Penal Code, 27 of the Arms Act, 3 and 4 of the Explosive Substances Act, and 17 of the Criminal Law Amendment Act.
Finding of the Court:
The court held that the prosecution had proved the charges against the appellants beyond reasonable doubt. The court found that the appellants were members of the unlawful assembly that resorted to firing, causing the death of four persons. The court also found that the delay in sending the FIR did not prejudice the appellants. However, the court modified the sentence of the appellants from death to life imprisonment, considering that the case was not one of the rarest of rare cases for extreme punishment.
Issues: 1. Whether the prosecution had proved the charges against the appellants beyond reasonable doubt? 2. Whether the delay in sending the FIR prejudiced the appellants? 3. Whether the sentence of death was appropriate in this case?
Ratio Decidendi: 1. The court held that the prosecution had proved the charges against the appellants beyond reasonable doubt based on the following evidence: * The testimony of three eyewitnesses who identified the appellants as members of the unlawful assembly that resorted to firing. * The post-mortem reports confirming the cause of death of the four deceased persons as firearm injuries. * The inquest reports prepared by the investigating officer at the scene of the occurrence. * The seizure list prepared by the investigating officer, which included empty cartridges and bloodstained earth found near the bodies of the deceased. 2. The court held that the delay in sending the FIR did not prejudice the appellants because there was no evidence that the delay was intentional or that it caused any prejudice to the appellants' defense. 3. The court held that the sentence of death was not appropriate in this case because the appellants were members of the unlawful assembly guided by mob mentality and the case was not one of the rarest of rare cases for extreme punishment.
Final Decision: The court dismissed the criminal appeals and answered the death reference in the negative. The court modified the sentence of the appellants from death to life imprisonment.
Gopal Prasad, J.
1. The three appeals, along with death reference, are heard together and are being disposed off by this common Judgment.
2. All the Appellants in three Appeals have been convicted under Sections 302/149 of the Indian Penal Code as well as 17 of the Criminal Law Amendment Act and 27 of the Arms Act and have been sentenced to death for their conviction under Section 302/149 of the Indian Penal Code in Sessions Trial No. 174 of 2004. Appellants, Arvind Singh and Manoj Singh have further been convicted under Section 148 of the Indian Penal Code. However, no sentence, for offence under Sections 148 of the Indian Penal Code, 27 of the Arms Act and 17 of the Criminal Law Amendment Act, in Sessions Trial No. 1074 of 2004, has been awarded by the Order, dated 1st February, 2008, passed by Shri Om Prakash, Additional District Judge, Fast Track Court, V, Patna, as such, the learned Judge has submitted the Proceeding to this Court for confirmation of death sentence of Court. The same has been Registered as Death Reference No. 3 of 2008. All the convicts have preferred separate appeal against the judgment of conviction and sentence Registered as Cr. Appeal (D.B.) No. 72, 77 and 79 of 2008 respectively and, hence, Death Reference and three Appeals have been heard together and disposed off by this common Judgment.
3. The Prosecution case, as alleged in the fardbeyan of the informant, Rajendra Paswan, P.W. 11, is that
(i) while informant was sitting in the bamboo club (banswari) adjoining south of the village, along with Naseeb Paswan, P.W. 8, and Udai Paswan (deceased) then about 60-70 persons came armed with fire arms in a group forming unlawful assembly and surrounded Paswantola from its north and south forming two groups and the people of the village started fleeing away here and there on seeing the unlawful assembly armed with lethal weapons.
(ii) Further, case of the informant in fardbeyan is that the informant saw co-villagers, Brinda Singh, Gajendra Singh, Sudhir Singh firing indiscriminately at Udai Paswan (deceased) informant (P.W. 11) and Naseeb Paswan (P.W. 8). Udai Paswan received fire arm injury, but, the informant (P.W. 11) and Naseeb Paswan (P.W. 8) anyhow managed to escape and conceal themselves in the house of Hardeo Paswan (P.W. 13). In the meantime, they heard the sound of 15-20 firings and shouts of slogans that "Peoples War Zindabad" and "BHAKAPA Male Murdabad" by the members of unlawful assembly and even shouted that they have punished for casting votes in favour of JD(U) so they flee away.
(iii) Further, case of the Prosecution in the fardbeyan of the informant that after the activists receded then informant came out of hides, thereafter, Bhim Paswan, P.W. 10, son of Naga Paswan (deceased) came weeping and disclosed that in the Khalihan of Basant Paswan of the village, his father Naga Paswan has been done to death by Pappu Singh and Vijay Singh by rifle shot and Arvind Singh, (Appellant of Cr. Appeal (D.B.) No. 77 of 2008) son of Kamta Singh, hurled bomb on the person of his father.
(iv) Further, case of informant in the fardbeyan is that thereafter, he came out to take stock of fact in the village then saw Dilip Kumar, (P.W. 4) son of Vijay Paswan (deceased) is crying and disclosed that Vijay Paswan has been murdered by Lathi Singh (Appellant of Cr. Appeal (D.B.) No. 79 of 2008) and Neeraj Singh (absconding) by rifle shot injury in the Court yard of Rampratap Paswan (P.W. 60-70 persons) and further, Sanjay Paswan, P.W. 3, disclosed that Sharawan Paswan has been murdered by Ajay Singh and Mantu Singh (absconding) by rifle.
(v) It has, further, been alleged in the first information report that with the help of other co-villagers the members of the Peoples War Group in the unlawful assembly have been identified and it was learnt that the said unlawful assembly contained Amod Singh, Sahdeo Singh, Jogendra Singh, Manoj Singh (Appellant in Cr. Appeal (D.B.) No. 77 of 2008) and other which include t
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