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2015 Supreme(Pat) 404
IN THE HIGH COURT OF JUDICATURE AT PATNA
SAMARENDRA PRATAP SINGH & KISHORE KUMAR MANDAL, JJ.
Md. Imtiyaz Ansari – Appellant
Versus
State of Bihar – Respondent
Criminal Appeal (DB) No. 606 of 2007
Decided On : 10-03-2015
For the Appellant:Mr. Girja Prasad, Mr. Jitendra Pd. Shaha, Advocates.
For the Respondent:Mr. Abhimanyu Sharma, A.P.P. & Mr. Neeraj Kumar @ Sanidh, Advocate.
The conviction can be sustained on the evidence of even a solitary witness if it is unambiguous and free from doubts.
Headnote:
Indian Penal Code - Murder - Section 302 - Summary
Fact of the Case:
The appellant was convicted under section 302 of the Indian Penal Code for the murder of the deceased, based on the prosecution's case that the appellant pressed the neck of the deceased, causing his death.
Finding of the Court:
The court found that the prosecution was able to establish the guilt of the appellant beyond all reasonable doubt based on the testimony of eyewitnesses, post mortem report, and the evidence of the Investigating Officer.
Issues: The main issue was whether the prosecution had proven that the appellant committed the murder of the deceased.
Ratio Decidendi: The court relied on the unambiguous and consistent testimony of eyewitnesses, the post mortem report, and the evidence of the Investigating Officer to establish the guilt of the appellant beyond all reasonable doubt.
Final Decision: The appeal was dismissed, and the appellant was to continue serving the sentence for the murder.
SAMARENDRA PRATAP SINGH, J.
1. Since none has appeared on behalf of the appellant, we hereby appoint Mr. Neeraj Kumar @ Sanidh, who is present in the court, as the Amicus Curiae, in this appeal.
2. The appeal is directed against judgment of conviction dated 30.03.2007 and order of sentence dated 31.03.2007, by learned Sessions Judge, Jamui, passed in Sessions Trial No. 148 of 2004 by which the sole appellant has been convicted under section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. The appellant has also been fined to Rs. 4,000/- and in default of payment further to undergo Simple imprisonment for six months.
3. The prosecution case, as made out in the fardbeyan of Rashida Khatoon (PW 7) wife of the deceased, Md. Nazir Ansari recorded by the Officer-in-charge of Jhajha police station, on 25.9.2002 at 02.45 PM, at village Barajore, police station Jhajha at the house of the appellant Md. Imtiyaz Ansari, in short, is as follows:-
4. On 25.9.2002 at about 11 AM Md Nazir Ansari, the husband of the informant, sent his son, Md. Hayat @ Phantoos (PW 2) to collect the dues from the accused, Imtiyaz Ansari. After some time, informant’s son, Md. Hayat returned and informed him that accused, Imtiyaz Ansari did not pay the dues, and used filthy language. Thereafter, Md. Nazir went to the shop of accused Imtiyaz in anger. Noticing the given situation, the informant followed her husband. On reaching his shop, Md.Nazir asked the accused Imtiyaz as to why he did not pay the dues and instead abused his son. An altercation ensued between Md.Nazir and the accused Imtiyaz. In the meantime, accused Imtiyaz started pressing the neck of her husband (Md. Nazir). Md. Nazir shouted for help, whereupon Md. Ainul (PW 1) and Abdul Hassan (PW 8) rushed to the place, but by this time her husband became unconscious and fell outside the door, just near the tailoring shop of accused, Imtiyaz Ansari. The informant claims to have witnessed the incident from the house of one Rauf. She states that her husband has been killed by the informant by pressing his neck.
5. On the fardbeyan of the informant, Jhajha Police station Case No. 104 of 2002 was instituted against the sole accused Md.Imtiyaz Ansari under section 302 of the IPC. After investigation police submitted charge sheet under section 302 of the IPC and cognizance was taken accordingly. Thereafter, the case was committed to the court of session and charges under section 302 of the IPC was framed against the appellant, to which he pleaded not guilty and claimed to be tried.
6. The prosecution, in support of its case examined altogether 8 witnesses, namely, Md.Ainul (PW 1), Md.Hayat (PW 2), Jarikha khatoon (PW 3), Bibi Tabassum(PW 4), Abul Hassan (PW5), Dr.Syed Md.Naushad Ahmad (PW 6), Rashida khatoon (PW 7) and Brajesh Prasad (PW 8).
7. Out of these 8 witnesses, PWs 3 and 4 have turned hostile and PW 7 Rashida Khatoon, the wife of the deceased has been gained over. PW 6 is the doctor, who conducted the post mortem examination and PW 8 is the Investigating officer of the case. PWs 2 and 5 have claimed to be the eye witness.
8. The defence, however, did not choose to adduce any evidence. The case was one of complete denial of occurrence in his statement under section 313 of the Code of Criminal Procedure. The trial court on consideration of materials on record convicted the sole accused/appellant under section 302 and sentenced him to life imprisonment as already noticed and a fine of Rs. 4000/- in default of which, he was to undergo simple imprisonment for further six months.
9. Being aggrieved by the judgment of conviction and sentence passed by the trial court, the appellant has preferred the instant appeal.
10. The case of the appellant, in short, is that the prosecution has failed to establish charge under section 302 of the IPC. The informant (PW 7) who is wife of the deceased has not supported the persecution case in her deposition. The statement of P
