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2018 Supreme(Pat) 1665
IN THE HIGH COURT OF JUDICATURE AT PATNA
PRAKASH CHANDRA JAISWAL, J.
Badri Choudhary S/o Late Budhu Choudhary and Ors. - Appellants
Versus
The State of Bihar - Respondents
Criminal Appeal (SJ) No.24 of 2013
Decided On : 10-09-2018
Advocate Appeared:
For the Appellants : Mr. Prabhakr Thakur (Amicus Curiae)
For the Respondents: Mr. Binod Bihari Singh (App)
The central legal point established in the judgment is the requirement for the prosecution to prove charges beyond all reasonable doubts with convincing and corroborative evidence, especially in criminal cases involving serious offenses.
Headnote:
Indian Penal Code - Criminal Appeal - Section 307/34 - Sections 341, 323, 324, 307 and 504/34 - Summary of Acts and Sections: The court discussed the application of Section 307/34 of the Indian Penal Code and Sections 341, 323, 324, and 504/34 in the judgment. The key legal provisions were interpreted in the context of the alleged assault and the burden of proof on the prosecution.
Fact of the Case:
The case involved an appeal against a conviction and sentence under Section 307/34 of the Indian Penal Code. The appellants were accused of assaulting the victim with a dagger, leading to a trial and subsequent conviction. The court analyzed the contradictions in witness statements and the lack of reliable evidence to substantiate the prosecution's case.
Finding of the Court:
The court found that the prosecution failed to prove the charges against the appellants beyond all reasonable doubts. It highlighted contradictions in witness statements, lack of reliable evidence, and the failure to bring the statement of the informant recorded at the Police Station on record, leading to the acquittal of the appellants.
Issues: The key issues revolved around the credibility of witness statements, the reliability of the prosecution's evidence, and the burden of proof in establishing the charges against the appellants.
Ratio Decidendi: The court's decision was based on the lack of convincing, cogent, and consistent evidence to prove the appellants' complicity in the alleged occurrence beyond all reasonable doubts. It emphasized the importance of reliable and corroborative evidence in criminal cases.
Final Decision: The court set aside the judgment and order of conviction and sentence, acquitting the appellants of the charges. The appellants were discharged from the liability of the bail bonds, and the criminal appeal was allowed.
Heard learned Amicus Curiae for the appellants and learned APP for the State on this Criminal Appeal.
2. This criminal appeal has been preferred against the judgment and order of conviction and sentence dated 14.12.2012 passed by learned Adhoc Additional Sessions Judge-II, Banka in Sessions Trial no. 850 of 2008 arising out of Rajaun P.S. Case No. 55 of 2007 whereby the learned trial court convicted the accused persons namely, Rajendra Choudhary and Badri Choudhary for the offence punishable under Section 307/34 of the Indian Penal Code and sentenced them to undergo R.I. for two and half years and also slapped them with a fine of Rs. 2000/- each and in default of payment of fine to further undergo S.I. for three months under the aforesaid Section.
3. The factual matrix of the case is that Rajaun P.S. Case No. 55 of 2007 was instituted under Sections 341, 323, 324, 307 and 504/34 of the Indian Penal Code against accused Shankar Kumar Choudhary, Rajendra Choudhary and Badri Choudhary on the basis of fardbeyan of Pritam Kumar S/o Kedar Prasad Modi recorded by A.S.I. R.P. Yadav of P.S. Rajaun on 23.03.2007 at 18:15 hrs. at PHC, Rajaun with the allegation, in succinct that on 23.03.2007 at around 06:15 PM, his father was vending betel sitting on his gumti, he was also standing there, in the meantime, Shankar Kumar Choudhary, Rajendra Choudhary and Badri Choudhary emerged there and Rajendra Choudhary made complain about not removal of the gumti by his father despite several requests and rapping expletives Rajendra Choudhary and Badri Choudhary gave order to Shankar Kumar Choudhary. In the meantime, Shankar Kumar Choudhary and Rajendra Choudhary dragged his father out of his gumti holding his hand, then Rajendra Choudhary gave order to Shankar Kumar Choudhary to assault, responding the same, abruptly, Shankar Kumar Choudhary assaulted on the right chest and right jaw of his father by means of dagger inflicting bleeding injury there. Sustaining injury, his father fell senseless near the gumti. On making hulla by him, locals and villagers rushed there. Witnessing the arrival of locals there, Shankar Kumar Choudhary started escaping dumping the dagger there, who was apprehended by the aforesaid people along with dagger and handed over to the police, who had arrived at the place of occurrence. He rushed his father to the Rajaun hospital to accord him medical aid, where he is undergoing treatment.
4. The aforesaid case was investigated by the police and on conclusion of the investigation, I.O. submitted charge-sheet only against accused Shankar Kumar Choudhary.
5. On receiving the charge-sheet and the case diary and perusing the same, the learned Chief Judicial Magistrate took cognizance of the offence against the aforesaid three accused persons. As the accused Badri Choudhary and Rajendra Choudhary did not turn up before the court, hence, the case of the Shankar Kumar Choudhary was split-up and committed to the court of sessions. Subsequently, on appearance of the accused Badri Choudhari and Rajendra Choudhari, their case was also committed to the court of sessions, and after commitment and on transfer finally the case came in seisin of the learned Adhoc Additional Sessions Judge-II, Banka for trial.
6. Charge against accused Rajendra Choudhary and Badri Choudhary was framed under Sections 341, 323, 324, 307/34 and 504 of the Indian Penal Code. Charge was read over and explained to the accused persons by the court to which they pleaded not guilty and claimed to be tried.
7. To substantiate its case, in ocular evidence, the prosecution has examined altogether nine prosecution witnesses namely, Subhash Mandal as PW-1, Dinesh Sharma as PW-2, Gautam Kumar Modi as PW-3, informant Pritam Kumar as PW-4, Shobha Devi as PW-5, victim Kedar Prasad Modi @ Kedar Modi as PW-6, Anandi Choudhary as PW-7 Khokha Chaudhary @ Khokha Prasad Chaudhary as PW-8 and Dr. Shatish Chandra Jha as PW-9. Out of the aforesaid witnesses, PWs-2, 7 and 8 turned hostil
