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1998 Supreme(Pat) 707
PATNA HIGH COURT
NAGENDRA RAI & R.N. PRASAD, JJ.
Chandrika Singh
Chandradeo Singh
Lal Babu Choubey – Appellants
Vs.
The State of Bihar – Respondent
Criminal Appeal No. 507 of 1993
Decided on : 12.10.1998
For the Appellants : Ms. Rana Pratap Singh Binay Kant Mani Tripathi, Suresh Pd. Bhakta and Subash Kumar
For the State : A.P. P.
The evidence of eyewitnesses is sufficient to prove the guilt of the accused even if there is no other evidence corroborating their testimony.
Headnote:
CRIMINAL APPEAL - Murder - Conviction - Evidence - Appreciation - Identification of accused - Motive - Proof - Necessity.
Fact of the Case:
Three appellants, along with two others, were convicted of murdering three persons. The prosecution's case was that the appellants, along with the acquitted accused, arrived at the victims' houses and killed them with firearms. The appellants claimed that they were not present at the scene of the crime and that the prosecution witnesses were unreliable.
Finding of the Court:
The court found that the prosecution witnesses were reliable and that their evidence was sufficient to prove the appellants' guilt. The court also found that the motive for the crime was that the appellants were angry with the victims because they had filed a case against one of the appellants.
Issues: 1. Whether the prosecution witnesses were reliable. 2. Whether the evidence was sufficient to prove the appellants' guilt. 3. Whether the motive for the crime was established.
Ratio Decidendi: 1. The court found that the prosecution witnesses were reliable because they were consistent in their testimony and they had no reason to lie. The court also found that the witnesses were able to identify the appellants because they knew them and because there was enough light at the scene of the crime. 2. The court found that the evidence was sufficient to prove the appellants' guilt because the witnesses' testimony was corroborated by the medical evidence and the evidence of the investigating officer. 3. The court found that the motive for the crime was established because the appellants were angry with the victims because they had filed a case against one of the appellants.
Final Decision: The court dismissed the appeal and upheld the appellants' convictions.
Nagendra Rai J.- The three appellants, along with two other accused, namely, Ramawati Devi and Jamadar Singh, were put on trial before tile 2nd Additional Sessions Judge, Siwan, in Sessions Trial No 186 of 1981/39 of 1993 for the offences under sections 302/149, 324, 302, 148 and 448 of the Indian Penal Code (for short ‘I.P.C.’) and 27 of the Arms Act. The trial court convicted the appellants under section 302/149 of the I.P.C. and sentenced each of them to undergo rigorous imprisonment for life. It acquitted them of other charges levelled against them. It has acquitted two of the accused persons, namely, Ramawati Devi and Jamadar Singh of all the charges levelled against him.
2. The occurrence, out of which, this appeal arises, took place at about 3 A.M. in between the 6th and 7th of March, 1979 at village Nizampur, P.S. Siwan (Muffasil), District Siwan, in which three persons, namely Rajbanshi Singh, Rajendra Singh (both brothers) and Adalat Singh (their uncle) were murdered.
3. The prosecution version is that at about 2 A.M. in the night, deceased Rajendra Singh, Osear Singh informant (not examined), P.W.4 Chhotan Singh and P.W.5 Ram Nath Singh to the Osara of the deceased persons after seeking a dance. Osear and Hira Singh went to sleep at Kolhwari (a place where sugarcane is crushed) and Rajendra Singh went to sleep at the Osara of his house. Nanhu Singh and Chottan Singh were warming themselves with fire near the Osara of Rajendra Singh. At that point of time, accused Ramawati Devi was seen moving towards south from that place and she returned after some time. In the meantime, the appellants arrived at the Osara and the appellants, accused Sheojee Singh and one unknown person surrounded Nanhu Singh and others went in the Osara and killed Rajendra Singh and, thereafter, the accused persons came to the Kolhwari. In the Kolhwari, Osear Singh along with Heera Singh (P.W.3) was sleeping. Rajbanshi Singh was also sleeping there. At about 3 A.M., they woke up on the sound of gun-firing and identified in the torch light all the three appellants, namely, Chandrika Singh, Chandradeo Singh & Lal Babu Choubey, accused Mahadeo Singh, Jamadar Singh and Sheojee Singh. Heera Singh threw Sheojee Singh, who was armed with a pistol on the ground. Thereafter, one of the miscreants assaulted him with Juath (bamboo-stick). Jamadar Singh assaulted Osear Singh with Bhala, Mahadeo Singh fired at Rajbanshi Singh, as a result of which he fell down and died. In the meantime, Adalat Singh, deceased, came on hulla and appellant Lal Babu Choubey is alleged to have fired upon him from his Single barrel gun resulting into his death. They raised hulla and thereafter, the accused person fled away towards north.
4. The motive for the occurrence, as alleged in the F.I.R., was that appellant Chandrika Singh had got a case filed by acquitted accused Ramawati Devi against P.W.1 Vikrama Singh for killing buffalo by poisioning. Ramawati Devi suspected hand of deceased Rajbanshi Singh in the said happening. She was threatening Rajbanshi Singh of being killed since two months prior to the occurrence, but Rajbanshi Singh did not take the aforesaid threat seriously. Ramawati Devi got the crime committed with the help of the accused persons.
5. Osear Singh lodged the fardbeyan (Ext.2) at Siwan Muffasil Police Station at 8 A.M. on 7.3.1979, on the basis of which a formal F.I.R. (Ext.3) was drawn up. The Police, after investigation, submitted chargesheet against the accused persons. Two of the accused, namely, Mahadeo Singh and Sheojee Singh are alleged to have been murdered and, accordingly, five accused persons were put on trial which ended in conviction of the appellants and acquittal of others as stated above.
6. The prosecution has examined nine witnesses in support of its case, out of whom P.W.1 Vikrama Singh, PW.2 Nandu Singh, P.W.3 Heera Singh and P.W.4 Chotan Singh are the alleged eve witnesses of the occurrence. P.W.5 Ram Nath Singh, brother of the deceas
