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2018 Supreme(Pat) 1259
IN THE HIGH COURT OF JUDICATURE AT PATNA
Prakash Chandra Jaiswal, J.
Deep Narayan Yadav – Appellant
Vs.
State of Bihar – Respondent
Criminal Appeal No. 646 of 2013
Decided On : 08-05-2018
Binod Bihari Singh, Krishna Prasad Singh, Sanjay Kumar Singh, Sunil Kumar Singh, Advocates
The main legal point established is the requirement for the prosecution to prove charges beyond reasonable doubt, with consistent and reliable evidence.
Headnote:
Indian Penal Code - Criminal Appeal - Sections 395, 397 - Summary
Fact of the Case:
The case involved a criminal appeal against the conviction and sentence of the accused under Sections 395 and 397 of the Indian Penal Code for dacoity and assault.
Finding of the Court:
The court found that the prosecution failed to establish the occurrence of assault and dacoity beyond reasonable doubt. It noted contradictions in witness testimonies, lack of corroboration, and failure to establish the source of identification. The court also highlighted the absence of evidence to support the charges of dacoity and assault under the Indian Penal Code.
Issues: The key issue was whether the prosecution could prove the charges of dacoity and assault beyond reasonable doubt.
Ratio Decidendi: The court held that the prosecution failed to provide consistent, trustworthy, and reliable evidence to substantiate the charges. It emphasized the lack of corroboration, contradictions in witness testimonies, and the absence of the source of identification.
Final Decision: The court set aside the judgment and acquitted the appellants, giving them the benefit of the doubt.
Prakash Chandra Jaiswal, J.
Heard learned counsel for the appellants, learned counsel for the informant and learned APP for the State on this criminal appeal.
2. This criminal appeal has been preferred against the Judgment and Order of conviction dated 09.09.2013 and order of sentence dated 11.09.2013 passed by Adhoc Additional District and Sessions Judge-IV, Madhepura in Sessions Trial No. 169 of 1999 arising out of Dhailadh (Madhepura) P.S. Case No. 48 of 1991, whereby the learned trial court acquitted the accused Shambhu Chaudhary, Nago Yadav, Matar Yadav, Jagdish Yadav, Jakshan Yadav and Ishwar Yadav while convicted the accused Nageshwar Yadav, Khushar Yadav, Deep Narayan Yadav, Satto Yadav, Dharichchan Yadav and Dinehs Yadav under Sections 395 and 397 of the Indian Penal Code and sentenced them to undergo R.I. for seven years under Section 395 of the Indian Penal Code and also sentenced them to undergo R.I. for seven years under Section 397 of the Indian Penal Code. All the sentences were directed to run concurrently.
3. Factual matrix of the case is that Dhailadh (Madhepura) P.S. Case No. 48 of 1991 was instituted under Sections 395 and 397 of the Indian Penal Code against the accused persons, namely, Khushar Yadav, Tarni Yadav, Ishwar Yadav, Misher Yadav, Nago Yadav, Satto Yadav, Nageshwar Yadav, Dinesh Yadav, Deep Narayan Yadav, Dharichchan Yadav, Shambhu Chaudhary, Jagdish Yadav, Tufani Yadav, Lal Bahadur Rai, Matar Yadav, Jakshan Yadav and Lelhu Yadav on the basis of the fardbeyan of Chandeshwari Yadav, Son of late Gosai Yadav recorded by Mridula Kumari, O/c P.S. Dhailadh on 06.03.1991 at 08:05 AM at P.S. Dhailadh with the allegation in succinct that in the night of 06.03.1991 at around 1 AM, he listened sound of help from the western side. Responding hulla, he stepped out of his house and awaked his neighbours Surendra Yadav, Brahmdeo Yadav, Bhupendra Yadav and others and rushed to the aforesaid place flashing torch. When they arrived near the field located towards the east of the door of Narayan Yadav, they witnessed 15-20 miscreants armed with lathi, bhala, farsa, arrow, 303, etc. in the torch light. He identified Khusar Yadav, Tarni Yadav, Ishwar Yadav, Misher Yadav, Nago Yadav, Satto Yadav, Nageshwar Yadav, Dinesh Yadav, Deep Narayan Yadav, Dharichhan Yadav and Shambhu Chaudhary in torch light while he could not identify rest seven-eight persons. He witnessed the aforesaid accused persons assaulting Butan Yadav @ Deo Narayan by means of farsa at the door of Narayan Yadav. Then they proceeded further making hulla whereupon one of the dacoits resorted firing upon them and then they retreated scaringly. After assaulting, the accused persons went towards west. Then they went to see Deo Narayan. Aforesaid accused persons regressed there after a while and chased them resorting firing and committed dacoity in his house. After their departure, he found cash, attires, jewelry and other articles plundered by them. Kamal Yadav divulged him that the accused persons committed dacoity in his house after assaulting Butan Yadav and looted away cash, jewelry, etc. from his house. He noticed Butan Yadav seriously injured and rushed him to the police station. The bone of contention is said to be land dispute between him and Butan Yadav and Khushar Yadav and his aforementioned brothers.
4. Aforesaid case was investigated by the police and on conclusion of the investigation, I.O. submitted charge-sheet against seventeen accused persons under Sections 395 and 397 of the Indian Penal Code. Out of them, Lal Bahadur Rai, Tufani Yadav and Lelhu Yadav passed away before trial while Misher Yadav passed away after framing of charge and record of Tarni Yadav was split up.
5. On receiving the chargesheet and the case diary and perusing the same, the learned Magistrate took cognizance of the offence against the accused persons and committed the case to the court of sessions and after commitment and on transfer finally the case came in the
