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2018 Supreme(Pat) 1216
IN THE HIGH COURT OF JUDICATURE AT PATNA
RAKESH KUMAR, ARVIND SRIVASTAVA, JJ.
Kundan Singh - Appellant
Versus
State of Bihar - Respondent
Criminal Appeal No. 65, 88, 193, 231, 301 of 2015
Decided On : 25-09-2018
Surendra Singh, Adv., Akhileshwar Pd Singh, Adv., Ravindra Kumar, Adv., Soni Shrivastava, Adv., Ram Prawesh Kumar, Adv., Ravi Bhardwaj, Adv., Madhuri Kumari, Adv., Mayanand Jha, Adv., Amar Nath Singh, Adv., Raj Narayan Mishra, Adv.
IN ORDER TO SECURE A CONVICTION IN A CRIMINAL CASE, THE PROSECUTION MUST PROVE ITS CASE BEYOND A REASONABLE DOUBT. THIS MEANS THAT THE EVIDENCE MUST BE SO STRONG THAT IT LEAVES NO ROOM FOR DOUBT IN THE MIND OF THE JUDGE OR JURY.
Headnote:
CRIMINAL - TRIAL - MURDER - EYE WITNESSES - CREDIBILITY - MOTIVE - IDENTIFICATION - SECTION 302/149, 144 OF THE INDIAN PENAL CODE, 1860 (HEREINAFTER REFERRED TO AS 'I.P.C.') AND SECTION 27 OF THE ARMS ACT, 1959 (HEREINAFTER REFERRED TO AS 'ARMS ACT') - HELD, PROSECUTION FAILED TO PROVE ITS CASE BEYOND REASONABLE DOUBT - APPEAL ALLOWED.
Fact of the Case:
ACCUSED PERSONS WERE TRIED FOR COMMISSION OF OFFENCE UNDER SECTION 302/149,144 OF THE INDIAN PENAL CODE, 1860 (HEREINAFTER REFERRED TO AS 'I.P.C.') AND SECTION 27 OF THE ARMS ACT, 1959 (HEREINAFTER REFERRED TO AS 'ARMS ACT'), WHEREAS KUNDAN SINGH (APPELLANT IN CR. APPEAL DB NO. 231 OF 2015), KRIPA SHANKAR SINGH (APPELLANT IN CR. APPEAL DB NO. 301 OF 2015) AND M ANTU SINGH (APPELLANT IN CR. APPEAL DB NO. 193 OF 2015) WERE FURTHER HELD GUILTY FOR COMMISSION OF OFFENCE UNDER SECTION 307/34 OF I.P.C.
Finding of the Court:
THE COURT FOUND THAT THE PROSECUTION FAILED TO PROVE ITS CASE BEYOND REASONABLE DOUBT. THE COURT NOTED THAT THERE WERE SEVERAL CONTRADICTIONS IN THE TESTIMONY OF THE EYEWITNESSES, AND THAT THE EVIDENCE OF THE INVESTIGATING OFFICER ALSO RAISED DOUBTS ABOUT THE CREDIBILITY OF THE PROSECUTION'S CASE. THE COURT ALSO FOUND THAT THE MOTIVE FOR THE CRIME WAS NOT CLEAR, AND THAT THE IDENTIFICATION OF THE ACCUSED PERSONS WAS NOT RELIABLE.
Issues: 1. WHETHER THE PROSECUTION HAD PROVED ITS CASE BEYOND REASONABLE DOUBT. 2. WHETHER THE EYEWITNESSES WERE CREDIBLE. 3. WHETHER THE EVIDENCE OF THE INVESTIGATING OFFICER WAS RELIABLE. 4. WHETHER THE MOTIVE FOR THE CRIME WAS CLEAR. 5. WHETHER THE IDENTIFICATION OF THE ACCUSED PERSONS WAS RELIABLE.
Ratio Decidendi: THE COURT HELD THAT THE PROSECUTION HAD FAILED TO PROVE ITS CASE BEYOND REASONABLE DOUBT. THE COURT NOTED THAT THERE WERE SEVERAL CONTRADICTIONS IN THE TESTIMONY OF THE EYEWITNESSES, AND THAT THE EVIDENCE OF THE INVESTIGATING OFFICER ALSO RAISED DOUBTS ABOUT THE CREDIBILITY OF THE PROSECUTION'S CASE. THE COURT ALSO FOUND THAT THE MOTIVE FOR THE CRIME WAS NOT CLEAR, AND THAT THE IDENTIFICATION OF THE ACCUSED PERSONS WAS NOT RELIABLE.
Final Decision: THE COURT ALLOWED THE APPEALS AND SET ASIDE THE JUDGEMENT OF CONVICTION AND SENTENCE.
RAKESH KUMAR, J.
1. Appellants in all the five appeals were tried together and convicted & sentenced in one trial and as such, all the aforesaid appeals were taken up together and are being disposed of by this common judgment.
2. All the appellants by judgment dated 22-12-2014 passed in Sessions Trial No. 325 of 2012 (arising out of Jakkanpur P.S. Case No. 208 of 2011) were convicted for commission of offence under Section 302/149,144 of the Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.') and Section 27 of the Arms Act, 1959 (hereinafter referred to as 'Arms Act'), whereas Kundan Singh (appellant in Cr. Appeal DB No. 231 of 2015), Kripa Shankar Singh (appellant in Cr. Appeal DB No. 301 of 2015) and Mantu Singh (appellant in Cr. Appeal DB No. 193 of 2015) were further held guilty for commission of offence under Section 307/34 of I.P.C. By order dated 03-01-2015, all the aforesaid appellants under Section 302/149 of I.P.C. were sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 25,000/- (Twenty five thousand) each and in default of payment of fine, they were directed to further undergo simple imprisonment for six months. By the same order i.e. order dated 03-01-2015, under Section 144 of the I.P.C., all the appellants were directed to undergo rigorous imprisonment for one year and under Section 27 of the Arms Act, all the appellants were directed to undergo rigorous imprisonment for four years. The aforesaid three appellants namely, Kundan Singh (appellant in Cr. Appeal DB No. 231 of 2015), Kripa Shankar Singh (appellant in Cr. Appeal DB No. 301 of 2015) and Mantu Singh (appellant in Cr. Appeal DB No. 193 of 2015) under Section 307/34 of the I.P.C. were directed to undergo rigorous imprisonment for seven years and to pay fine of Rs. 15,000/- (fifteen thousand) each and in default of payment of fine, they were directed to further undergo simple imprisonment for three months. All the sentenced were directed to run concurrently. The judgment of conviction and sentence was passed by Sri Satya Prakash, learned Additional Sessions Judge-VI, Patna (hereinafter referred to as 'Trial Judge').
3. Short fact of the case is that on 27-07-2011, a written report on behalf of Bhanu Kumar Chaudhary @ Santosh Kumar Chaudhary was submitted to the officer incharge, Jakkanpur Police Station, Patna disclosing therein that he was owner of 'Krishna Rath' bus service. On 27-07-2011, in the evening at 06:00 PM, he arrived bus stand situated at Mithapur in the office of Krishna Rath. His elder brother Ravi Kant Chaudhary (deceased) at about 07:15 PM (evening) also came to his office situated at Mithapur bus stand and sat there. Besides both i.e. informant and his brother (deceased), Anil Kumar Singh (P.W.13), Ram Kumar Sharma (P.W.4), Munna Thakur (P.W.11), Surendra Goswami (P.W.7), Ashok (not examined) etc. were sitting in the said office and they were discussing regarding movement of the vehicle and also regarding accounts. In the office and outside office, there were light of electricity. In the meanwhile, at 08:30 PM (evening), one white colour Scorpio vehicle stopped opposite to his office and four persons got down from the said white colour vehicle, who were (i) Kundan Singh (appellant in Cr. Appeal DB No. 231 of 2015), (ii) Mantu Singh (appellant in Cr. Appeal DB No. 193 of 2015), (iii) Kripa Shankar Singh (appellant in Cr. Appeal DB No. 301 of 2015), (iv) Suraj Kumar (not forwarded as accused), who was bodyguard of Kundan Singh. All the four persons were carrying rifle and pistol. Kundan Singh (appellant in Cr. Appeal DB No. 231 of 2015) and Mantu Singh (appellant in Cr. Appeal DB No. 193 of 2015) carrying rifle in their hands, Kripa Shankar Singh (appellant in Cr. Appeal DB No. 301 of 2015) and Suraj Kumar (not forwarded as accused) carrying pistol in their hands came inside the office of the informant, where his brother Ravi Kant Chaudhary (deceased) was sitting. Kundan Singh (appellant in Cr. Appeal
