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IN THE HIGH COURT OF JUDICATURE AT PATNA
ADITYA KUMAR TRIVEDI, J.
Raj Kumar & Anr. – Appellants
Versus
State of Bihar – Respondents
Criminal Appeal (SJ) No.347 of 2002 Arising out of P S. Case No. 159 Year-1992
Decided on: 13-02-2015
Right of Private Defence - Criminal Law - Section 304 (Part-I)/149 I.P.C., Section 148 I.P.C., Section 27 of the Arms Act - Summary of Acts and Sections
Fact of the Case:
The appellants were found guilty of various offences including murder and causing injuries in a land dispute case. The prosecution alleged that the appellants attacked the victims while ploughing a field, resulting in deaths and injuries. The defence denied the occurrence and claimed the land dispute was the cause of the incident.
Finding of the Court:
The court found that the prosecution failed to establish the occurrence and the right of private defence was exercised by the appellants to protect their life and property. The court noted discrepancies in the prosecution's evidence and concluded that the prosecution's version was unauthentic.
Issues: Discrepancies in prosecution's evidence, exercise of right of private defence, authenticity of prosecution's version
Ratio Decidendi: The court considered the exercise of right of private defence and the authenticity of the prosecution's evidence. It emphasized that the right of private defence is exercisable to protect life and property, and not to retaliate. The court also noted that the prosecution's failure to explain injuries sustained by the accused was a significant circumstance.
Final Decision: The judgment of conviction and sentence recorded by the trial court was set aside, and the appellants were discharged from their liabilities.
Appellants namely Bhagwan Rai, Deo Sharan Rai, Raj Kumar and Bijendra Rai, out of whom Bhagwan Rai and Deo Sharan Rai died, hence instant appeal abated against them, were found guilty vide judgment of conviction and sentence dated 25.06.2002 passed by the Presiding Officer, Additional Court No.II (Fast Track Court), Patna in Sessions Trial No. 869 of 1993/557 of 2002 convicting all the appellants for an offence punishable under Section 304 (Part-I)/149 I.P.C. and directed each of them to undergo rigorous imprisonment for seven years.
2. Appellants Raj Kumar and Bijendra Rai have further been found guilty for an offence punishable under Section 148 I.P.C. and each one has been directed to undergo rigorous imprisonment for two years under Section 27 of the Arms Act and each one has been directed to undergo R.I. for three years. Appellant Bhagwan Rai, Deosharan Rai (since deceased) have been found guilty for an offence punishable under Section 147 I.P.C. and each one has been directed to undergo rigorous imprisonment for one year with a further direction to run the sentences concurrently.
3. Bereft unnecessary details, the prosecution case as is evident from the fard-bayan of Mahanand Mahto (PW-13) recorded on 30.06.1992 at about 12.00 noon at Referral Hospital, Bihta alleging inter alia that on the same day at about 10.00 a.m. Ram Chander Rai was ploughing his field. At that very moment, his co-villager Bhuneshwar, Bhagwan, Deosharan armed variously came and unyoked, then took away to the field belonging to Karpuri @ Krishna Rai and began to plough. During course thereof, Deosharan was ploughing field while Bhagwan, Bhuneshwar were standing armed with lathi and garasa. Ram Chander Rai rushed to village and disclosed the event whereupon, he along with Ram Chander, Karpuri, Nandji, Lakhan, Lalji came and began to unyoke. Till then, Raj Kumar armed with pistol, Laxmi armed with countrymade rifle, Bijendra Rai armed with countrymade rifle, Chaubey armed with countrymade rifle along with 4-5 persons armed variously, came out from date palm herbs and began to fire on account thereof, Ram Chander, Nand Kumar Rai, Karpuri Rai sustained injury. It has also been disclosed that accused Raj Kumar Rai shot at Ram Chander while accused Bijdendra Rai shot at Karpuri Rai. Chaubey shot at Nandji Rai. Lalji also sustained firearm injury fired by Raj Kumar Rai, Bhuneshwar Rai assaulted Lakhan Rai with Garasa, Bhagwan Rai assaulted him (Mahanand Rai) with lathi. It has also been disclosed that accused Bhuneshwar Rai had land dispute with Bhagwan Rai since long. Then thereafter, all the injured were lifted to hospital and during course thereof, Ram Chander Rai died while, as per evidence, Karpuri and Nand Kumar also died during course of treatment. Accordingly, Bihta P.S. Case no.159 of 1992 was registered under Sections 147, 148, 149, 323, 324, 307, 302 of the I.P.C. and Section 27 of the Arms Act followed with investigation as well as submission of chargesheet and on the basis thereof, trial commenced and concluded in a manner, the subject manner of instant appeal.
4. Defence case, as is coming out from the mode of cross-examination as well as from the statement recorded under Section 313 of the Cr.P.C. is of complete denial of occurrence in a manner as suggested by the prosecution. There happens to be specific defence that land was originally possessed by one Mazid Mian with whom the accused persons fought, Bataidari Case in terms of Section 48 of the B.T. Act, which was decreed in their favour. The aforesaid Mazid Mian sold away the land in favour of Karpuri, who had purchased it in name of his brother in-law (Sala). On the alleged date and time of occurrence, the prosecution party having variously armed, raided the land while was being ploughed by the accused persons and during course thereof, they brutally assaulted, as a result thereof, one Laxmi Rai succumbed to his injury at the spot itself while others were also injured. Then thereaft
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