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2018 Supreme(Pat) 312
IN THE HIGH COURT OF JUDICATURE AT PATNA
RAKESH KUMAR, ARVIND SRIVASTAVA, JJ.
Rudal Sahni S/o Bhikhari Shani – Appellant
Versus
The State of Bihar – Respondent
Criminal Appeal (DB) Nos. 7, 32, 110 of 2016
Decided On : 16-03-2018
For the Appellants : Mr. Kanhaiya Prasad Singh, Mr. Bhim Sen Prasad, Mr. Pratik Mishra, Mr. Niranjan Parihar.
For the Respondents: Mr. Mayanand Jha, Mr. Ajay Mishra.
The main legal point established in the judgment is the requirement for the prosecution to prove its case beyond all reasonable doubt, and the court's discretion to extend the benefit of doubt in favor of the accused.
Headnote:
Conviction and Sentence - Indian Penal Code - Sections 302/34, 201 - Arms Act - Section 27
Fact of the Case:
The appellants were convicted for the commission of offenses under Sections 302/34 and 201 of the Indian Penal Code and Section 27 of the Arms Act. The case involved the killing of the deceased by the appellants and disposal of the body in a river.
Finding of the Court:
The court found that the prosecution failed to prove its case beyond all reasonable doubt. The conduct of the informant and the lack of explanation for the delayed report to the police created serious doubt. The court also noted contradictions in the evidence, non-explanation of the place of occurrence, and the absence of the investigating officer. As a result, the court extended the benefit of doubt and set aside the judgment of conviction and sentence for all the appellants.
Issues: The issues revolved around the credibility of the prosecution's case, the conduct of the informant, the identification of the deceased, and the lack of evidence to establish the place of occurrence.
Ratio Decidendi: The court's decision was influenced by the lack of credible evidence, contradictions in the testimony, and the failure to establish key elements of the prosecution's case beyond all reasonable doubt.
Final Decision: The judgment of conviction and sentence was set aside, and all the appeals were allowed. The appellants were directed to be released forthwith.
RAKESH KUMAR, J.
1. In all the aforesaid three appeals, appellants were convicted by common judgment in Sessions Trial No. 287 of 2008 (arising out of Lakhisarai P.S. Case No. 420 of 2007) by Sri Ravindra Singh, learned 2nd Additional District and Sessions Judge, Lakhisarai (hereinafter referred to as the ‘Trial Judge’) and as such, all the three appeals were heard together and are being disposed of by this common judgment.
2. All the appellants were convicted on 10.11.2015 for commission of offence under Sections 302/34 and 201 of the Indian Penal Code, 1860 (for short ‘IPC’). The convict Prasadi Sahni (appellant no. 2 in Cr. Appeal DB No. 110/2016) was further convicted for commission of offence under Section 27 of the Arms Act, 1959 (for short ‘Arms Act’) and by order of sentence dated 20.11.2015, all the appellants were sentenced to undergo rigorous imprisonment for life under Section 302/34 of the I.P.C. and they were imposed fine of Rs. 5,000/- (five thousand) each. In default of payment of fine, they were further directed to undergo rigorous imprisonment for three months. All the appellants were further sentenced to undergo rigorous imprisonment for five years under Section 201 of the I.P.C. with fine of Rs. 5,000/- (five thousand) each and in default of payment of fine, they were directed to further undergo rigorous imprisonment for three months, whereas, convict Prasadi Sahni (appellant no. 2 in Cr. Appeal DB No. 110/2016) was also sentenced under Section 27 of the Arms Act to undergo rigorous imprisonment for three years alongwith fine of Rs. 3,000/- (three thousand) and in default of payment of fine, he has been directed to undergo rigorous imprisonment for further two months. All the sentences were directed to run concurrently.
3. Short fact of the case is that on 02.09.2007, a written report was submitted by Prabhakar Kumar (PW-7 and brother of the deceased) addressed to the officer in-charge of Lakhisarai Police Station. In the written report, the informant disclosed that on 01.09.2007 (Saturday) at about 6:30 PM, after completing marketing, he was returning from Lakhisarai market to his village Sadaibigha alongwith his brother Diwakar Kumar (PW-4). Just ahead of them, his younger brother Kamlakar Kumar @ Chintu Singh (deceased) was proceeding to home. While they reached in between village Babhangama and Sadaibigha and reached near Newdarganj (Godhitola), he saw that about 7-8 accused persons were carrying illegal arms i.e. katta, lathi etc. Among whom, he identified:
S. No.
Name
Appellant No. in Cr. App. DB No.
Carrying in hand
1.
Prasadi Sahni
A2 in 110 of 2016
Pistol
2.
Mishri Sahni
App. in 32 of 2016
Pistol
3.
Ashok Ram
A2 in 7 of 2016
Lathi
4.
Nago Sahni
A3 in 7 of 2016
Lathi
5.
Shankar Sahni
A2 in 7 of 2016
Lathi
6.
Sukho Sahni
Not tried, All 1 to 6 resident of village Newdarganj, PO + PS – Lakhisarai.
7.
Rudal Sahni
A1 in 110 of 2016, R/o vill. Tartar (Mokama), Patna presently R/o Newdarganj, Lakhisarai.
Katta
It was further disclosed in the written report that besides aforesaid accused persons, other unknown accused persons, had surrounded his brother Kamalakar Kumar @ Chintu (deceased) and by using abusive language exhorted that today they will finish him. Thereafter, his brother raising alarm started fleeing away. In the meanwhile, Ashok Ram (A1 in Cr. App. DB No. 7 of 2016) gave lathi blow on his head, whereby Kamlakar Kumar @ Chintu (deceased) fell down. The informant disclosed that he and his another brother, due to fear, concealing themselves in Maize field, witnessed the occurrence. The informant disclosed that all the accused persons dragged his brother for about 20 feet northern side to Haranhar river and thereafter, they loaded him on a boat. The informant, by way of concealing himself, was noticing all the occurre
