Jugal Yadav alias Yugal Yadav vs State of Bihar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Pat) 348

IN THE HIGH COURT OF JUDICATURE AT PATNA
SUDHIR SINGH and CHANDRA PRAKASH SINGH, JJ.
Criminal Appeal (DB) No.303 of 1995
(3.7.2023)
Jugal Yadav alias Yugal Yadav
& Anr. ... Appellants
vs.
State of Bihar ... Respondent

Advocates:
For the Appellants : Mr. Prashant Kumar, Amicus Curiae.
For the Respondent: Mr. Ajay Mishra, APP.

Headnote:
Indian Penal Code, 1860 – Sections 302/34 – Murder – Common intention – Life imprisonment – Post-mortem report is found to be in contradiction to ocular testimony of prosecution witnesses as regards manner of occurrence – There was absence of any bullet wounds on dead body of deceased, negating prosecution's version that deceased sustained a gunshot injury – Prosecution has not brought on record any FSL report in relation to blood stained earth so as to prove missing causative link – As such, it remains in conclusive whether seized blood was of human origin and whether it was of deceased or someone else – When place of occurrence itself has not been established, it would not be proper to accept version of prosecution – Witnesses mentioned in fardbeyan were not direct eyewitnesses to case, but sources of hearsay information – Non-examination of such material witnesses also raises doubts regarding suppression of material facts by prosecution – Failure to examine Investigating Officer in this case constitutes a significant flaw that has resulted in prejudice to the case – Judgment of conviction and order of sentence set aside – Appeal allowed. (Paras 10 to 15)
Criminal Law – Appreciation of evidence – Examination of the investigating officer enables to recognize significant right of accused to highlight contradictions in statements made by witnesses during investigation, as recorded by Investigating Officer – This right holds considerable weight as it allows defence to effectively demonstrate that witness has provided inconsistent testimony compared to their earlier statements before Investigating Officer. (Para 13)

Sudhir Singh, J.—Heard Mr. Prashant Kumar, learned Amicus Curiae for the appellants and learned A.P.P. for the State.

2. By order dated 22.06.2023 passed by this Court, Mr. Prashant Kumar, learned advocate was appointed as Amicus Curiae to represent the appellants at the cost of the State.

3. The present criminal appeal has been preferred against the judgment of conviction dated 18.8.1995 and order of sentence dated 19.8.1995 passed by Sri Awadhesh Kumar Verma, 3rd Additional Sessions Judge, Aurangabad in Sessions Trial No. 370 of 90/37 of 91 (arising out of Obra P.S. case No. 70/90) whereby and whereunder the appellants have been convicted for the offence under Sections 302/34 of the Indian Penal Code and sentenced them to undergo imprisonment for life.

4. The prosecution case as per the fardbeyan of informant, namely, Smt. Surti Devi is that on 5.8.1990 at about 9.00 a.m. she was going with her husband, namely, Rajeshwar Yadav for sowing paddy crops in her field situated at south of the village and when they reached on the road in front of dalan of Prasadi Yadav, said Prasadi Yadav instigated his nephews Keshav Yadav, Krishna Yadav and Yugal Yadav from the dalan to kill Rajeshwar Yadav (husband of the informant). On this, appellants Keshav Yadav and Yugal Yadav having garasa in their hands and accused Krishna Yadav having country made pistol in his hand came out of the dalan. Seeing this, Rajeshwar Yadav started running towards west on the road in the meantime appellant Keshav Yadav inflicted garasa blow on his left shoulder due to which he sustained injury and in the injured condition, Rajeshwar Yadav started running towards west for saving his life and blood started oozing from his body. On seeing this, the informant started crying. In the meantime, accused Krishna Yadav having gun in his hand shot fire on her husband (Rajeshwar Yadav). After reaching about 150 yards towards west, Rajeshwar Yadav fell down there and appellants Keshav Yadav and Yugal Yadav again inflicted garasa blows on Rajeshwar Yadav. On hulla, several people from the field and villagers came there and accused persons ran away towards south. The informant reached near her husband and found that he had injuries on his head, neck, arm and back and he had already died. The informant further stated in her fardbeyan that on hulla several persons from the village and the people who were working in nearby fields came there. The informant further stated that her son Ramjanam Yadav who was grazing the buffalow also came there and saw the occurrence. The informant further stated that the reason for the occurrence is that a dispute was going between the husband of the informant and the accused persons regarding land and a case was also pending in the Court at Aurangabad.

5. On the basis of fardbeyan of the informant (PW 3), Obra P.S. case No. 70/90 was registered under Sections 302/34 7 of I.P.C. and Section 27 of the Arms Act and investigation was taken up. After investigation, charge-sheet was submitted whereafter cognizance was taken by the Jurisdictional Magistrate and thereafter the case was committed to the Court of Sessions. Charges were framed against the appellants to which the appellants pleaded not guilty and claimed to be tried.

6. During trial, the prosecution examined altogether 13 witnesses, namely, PW 1 Ramjanam Singh, PW 2 Chanderdeo Singh, PW 3 Surti Devi (informant), PW 4 Dr. Ramashish Singh (doctor), PW 5 Ramji Mishra, PW 6 Doman Nonia, PW 7 Mungeshwar Yadav, PW 8 Chandardhan Singh, PW 9 Chalitar Yadav, PW 10 Ramchander Nonia, PW 11 Dukhi Yadav, PW 12 Rajdeo Singh and PW 13 Harinandan Pandey. Prosecution has also produced exhibits as Ext. 1 (Post-mortem report), Ext. 2 fardbeyan, Ext. 3 formal F.I.R., Ext. 4 inquest report, 4/1 signature of Chandradhan Singh on inquest report, Ext. 5 entire seizure list, Ext. 5/1 signature of Chandradhan Singh on seizure list and Ext. 6 is entire case diary. The defence has not produced any oral or documentary eviden

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