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2015 Supreme(Pat) 885
IN THE HIGH COURT OF JUDICATURE AT PATNA
V.N. SINHA and NILU AGRAWAL, JJ.
Birju Paswan & Anr. – Appellant
Versus
The State of Bihar – Respondents
Criminal Appeal (DB) No.97, 109 of 1993
Decided On : 23-06-2015
Advocate Appeared:
For the State : Mr. A.K. Sinha, APP
The main legal point established is the reliance on witness testimonies and evidence to determine the guilt of the accused in a murder case.
Headnote:
Criminal Appeal - Murder - Penal Code, Section 302, Arms Act, Section 27 - The court discussed the prosecution's case, evidence, and the accused's actions. It found that the accused shot the victim, leading to the conviction of one accused and the acquittal of the others.
Fact of the Case:
The case involved the murder of the informant's wife by the accused. The prosecution's case was based on the written report of the informant and witness testimonies.
Finding of the Court:
The court found that the accused shot the victim after a dispute over payment, leading to the conviction of one accused and the acquittal of the others.
Issues: The key issue was to determine the culpability of the accused in the murder of the victim.
Ratio Decidendi: The court relied on the evidence provided by the informant and witnesses to establish the guilt of the accused who shot the victim.
Final Decision: One accused was convicted and directed to serve the remaining part of the sentence, while the others were acquitted and discharged from their bail bonds.
V.N. SINHA, J.
None appears for the appellants. With the assistance of the State counsel, we have, however, perused the entire records ourselves.
2. Both these appeals arise out of judgment/ order dated 23.01.1993, passed by Additional Sessions Judge-I, Gaya, in Sessions Trial No. 475/1991/ 117/1992 whereunder Accused No. 1 Baran Paswan, appellant in Cr. Appeal (DB) No. 109 of 1993 has been convicted for the offences under Section 302 of the Penal Code, Section 27 of the Arms Act and sentenced to suffer rigorous imprisonment for life, five years under both the counts. The sentences, however, have been directed to run concurrently. Accused Nos. 2, 3, appellants in Cr. Appeal (DB) No. 97 of 1993 have been convicted for the offence under Section 302/34 and sentenced to suffer rigorous imprisonment for life.
3. Prosecution case, as set out in the written report of informant Hari Charan Manjhi (P.W. 10) dated 27.01.1990, is that he is resident of Village Jarhara, P.S. Bodh Gaya in the District of Gaya. In the previous evening on 26.01.1990 around 7.30 P.M. his wife had gone to purchase flour from the grocery shop of Accused No. 1 Baran Paswan with Rs. 1.25/-, purchased ½ kg flour and handed over Rs. 1.25/- to the shopkeeper Baran Paswan. 40 p. remained due for which she promised that the same shall be paid on the following day but Baran Paswan did not accept her plea and not only followed her to the entrance of the house of the informant but also began to hurl abuse. Wife of the informant asked not to abuse her, whereafter his cousin Accused No. 2 Birju Paswan assaulted the wife of the informant with a lathi, meanwhile, Accused No. 3 Chandradeo Paswan asked Baran Paswan to shoot her with pistol. On the instruction of Accused No. 3, Accused No. 1 Baran Paswan shot his wife in the belly from his country-made pistol causing her death at the spot. In the written report Hari Charan Manjhi named four witnesses, namely, Fagu Manjhi, Kailash Manjhi, Rosun Manjhi and Lakshan Manjhi.
4. On the basis of the written report of Hari Charan Manjhi Bodh Gaya P.S. Case No. 010/90 was registered by Sri Birendra Kumar Singh, Officer-in-Charge, Bodh Gaya Police Station on 27.01.1990 at 5.15 A.M. against the three accused persons named in the written report. After registration of the aforesaid First Information Report on 27.01.1990 the same was sent to Chief Judicial Magistrate, Gaya on the same day through special messenger but the same was seen by Chief Judicial Magistrate on 31.01.1990, as is evident from his endorsement made on the first page of the First Information Report. After registration, dispatch of the First Information Report to Chief Judicial Magistrate, Gaya Birendra Kumar Singh, Officer-in-Charge, Bodh Gaya Police Station took up the investigation of the case, came to the place of occurrence village on 27.01.1990 at 8.30 A.M., conducted inquest proceeding on the dead body of the wife of the informant in the house of the informant and found one gun shot injury in her belly. After inquest the dead body of the deceased was sent to Sadar Hospital, Gaya for post mortem where the same was received on 27.01.1990 at 5.00 P.M. Post mortem, however, was conducted on 28.01.1990 at 10.30 A.M. by Dr. M.K. Sinha. Dr. Sinha found on her person one bullet injury and the death was within 36-48 hour. Findings recorded in the post mortem report corroborated the prosecution story as one metallic bullet was found lodged in the upper part of the belly of first lumber vertebra. During investigation Investigating Officer also recorded the further statement of the informant and the police statement of the witnesses named in the written report as also others. Further statement of the informant and the police statement of the witnesses also corroborated the prosecution story set out in the written report that wife of the informant was shot dead. In the light of the written report, further statement of the informant, police statement of the witnesses includi
