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IN THE HIGH COURT OF JUDICATURE AT PATNA
A. M. BADAR and RAJESH KUMAR VERMA, JJ.
(13.7.2022)
Criminal Appeal (DB) Nos. 427, 511 of 2014
Futehari Ram & Ors. (in 427)
Suresh Ram (in 511) : Appellant
Vs.
State of Bihar : Respondent
(in both)
Indian Penal Code, 1860 – Sections 326/34 and 307/34 – Acid attack – Common intention – Life sentence – Victim is the most natural witness to incident and there is inbuilt guarantee that a person injured in occurrence is an eye witness to incident – Fact that witness sustained injuries at the time and place of occurrence, lends support to his testimony that he was present during occurrence – There is nothing to disbelieve version of disinterested Medical Officer on the aspect of sustaining acid burns on vital part of body by victim – Identification of accused persons cannot be doubted – Each of them is liable for act of pouring acid on victim – Appeals dismissed. (Paras 8, 10, 13, 20, 21, 23, 27, 30 and 31)
Indian Penal Code, 1860 – Section 307 – Attempt to murder – In order to establish offence punishable under Section 307 of IPC, prosecution is required to establish intention or knowledge of committing murder and doing of an act towards it – Section 307 of IPC contemplates intention or knowledge and not consequence of actual act done for the purpose of carrying out intention – Section 307 of IPC does not take into consideration effect of act of accused except as a measure of punishment to be imposed on him – In order to constitute offence under Section 307 of IPC actus reus and requisite mens rea both must concur and intention precedes act attributed to accused – Prosecution in such offence is required to establish existence of intention to commit murder as well as taking up few steps by accused in execution of such intention, after completion of preparation – Such steps taken by accused must be apparent with designed purpose – Thereafter, it is required to be shown that accused came dangerously nearer to success in execution of his designed but efforts of accused fall short of ultimate design. (Paras 24 and 25)
Criminal Law – Appreciation of evidence – Injured witnesses are stamped witnesses – Evidence of injured eye witness cannot be discarded in toto on the ground of inimical disposition towards accused or because of improbabilities of narrating details of actual attack – Evidence of such victim is required to be scrutinized with caution taking into account factum of previous enmity and tendency to exaggerate and to implicate as many as possible – Deposition of injured witness should be relied upon unless there are strong grounds for rejection of his evidence on the basis of major contradictions and discrepancies. (Para 10)
Suryakant Baburao alias Ramrao Phad Versus State of Maharashtra, AIR 2019 Supreme Court 3629 ; State of Madhya Pradesh Versus Harjeet Singh and Another, (2019) 20 SCC 524 – Referred.
Bonkaya Versus State of Maharashtra, (1995)2 SCC 447; Shivalingappa Kallayanappa Versus State of Karnataka, 1994 Supp (3) SCC 235; State of U.P. Versus Kishan Chand, (2004) 7 SCC 629; Krishan Versus State of Haryana, (2006) 12 SCC 459; Suresh and another Versus State of U.P., (2001)3 SCC 673 – Relied.
JUDGMENT
A. M. BADAR, J.:–
Criminal Appeal (DB) No.427 of 2014 has been filed by original accused nos.1 to 3, namely, Futehari Ram, Makuni Ram and Ramjeet Ram respectively whereas the Criminal Appeal (DB) No.511 of 2014 has been filed by original accused no.4 Suresh Ram. By these appeals, they are challenging the Judgment and Order dated 22nd April, 2014 and 25th April, 2014 respectively passed by the learned Adhoc Additional Sessions Judge-I, Bhojpur, Ara, in Sessions Trial No.126 of 2013, whereby they all came to be convicted of the offences punishable under Sections 326 read with 34 and 307 read with 34 of the Indian Penal Code. They all are sentenced to suffer rigorous imprisonment for life apart from a direction to pay fine of Rs.50000/- each for the offence punishable under Section 307 read with 34 of the Indian Penal Code and in default of payment of fine, further simple imprisonment for six months. They all are awarded rigorous imprisonment for life for the offence punishable under Section 326 read with 34 of the Indian Penal Code with a direction to pay fine of Rs.50000/- each and in default, to undergo simple imprisonment for six months. Substantive sentences are directed to run concurrently by the learned trial court. As both these appeals are challenging the same Judgment and Order passed by the learned Adhoc Additional Sessions Judge-I, Bhojpur, Ara, they are being disposed of by this common Judgment. For the sake of convenience, the appellants/accused shall be referred to in their original capacity as “an accused”.
2. Facts in brief projected from the police report leading to the prosecution of the accused can be summarized thus:—
(a) The victim of the crime in question is first informant/ P.W.6 Awadhesh Ram resident of village-Sripur in Bhojpur District of Bihar. All accused persons are his covillagers. The first informant was having dispute with them regarding land.
(b) According to the prosecution case, the incident took place at 07.00 P.M. of 26.03.2012 near the field of Sup Dayal Mahto at the outskirt of village-Sripur. First informant/ P.W.6 Awadhesh Ram, after easing himself was returning to his house. When he was about 400 yards away from the village the accused persons accosted him near the field of Sup Dayal Mahto. He was surrounded and the accused persons started abusing and scuffling with him. Accused Ramjeet Ram and Makuni Ram held him by his hands. Accused Futehari Ram then exhorted and directed other accused persons to pour acid in the mouth of P.W.6 Awadhesh Ram. Thereupon accused Suresh Ram started pouring acid in the mouth of P.W.6 Awadhesh Ram from the steel glass. P.W.6 Awadhesh Ram shut his mouth. The acid splashed by accused Suresh fall on his eye, lips, neck, chest and stomach. Because of pain, P.W.6 Awadhesh Ram made hue and cry. Many people from the village started gathering there and the accused persons, therefore, ran away. The incident of this acid attack on P.W.6 Awadhesh Ram came to be witnessed by the villagers including P.W.1 Shyam Bihari Ram and P.W.4 Sonapati Devi, who happens to be wife of the victim. The victim was then taken to the Sadar Hospital where he was admitted for indoor treatment. During the course of his medical treatment on the next date, i.e. 27.03.2012 at 02.00 P.M., he lodged report of the incident with A.S.I. S.N. Mishra of the Ara City Police Station.
(c) Routine investigation followed after registration of Crime No.15 of 2012 with the Police Station- Nath Nagar in pursuant to the F.I.R. lodged by P.W.6 Awadhesh Ram. Statements of the witnesses came to be recorded and after completing the investigation, the accused persons came to be chargesheeted.
(d) The learned trial court framed and explained charges for the offences punishable under Sections 341, 324, 326 and 307 of the Indian Penal Code to the accused persons. They pleaded not guilty and claimed trial.
(e) In order to bring home the guilt to the accused, the prosecution has examined in all eight witnesses. Co-vil
A conviction for an acid attack was overturned due to lack of credible evidence linking the accused, highlighting the necessity of substantial proof in sensitive cases involving caste dynamics.
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