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2017 Supreme(Jhk) 1299
IN THE HIGH COURT OF JHARKHAND AT RANCHI
H.C. MISHRA, ANANDA SEN, JJ.
Laxmi Ram @ Lachmi Narayan Ram and Ors. - Appellant
Versus
The State of Bihar (Now Jharkhand) – Respondent
Cri. Appeal (DB) Nos. 205 With 210 of 1992(R) with Cri. Appeal (DB) No. 01 of 1993(R)
Decided On : 07-08-2017
For the Appellants : M/s. A.S. Dayal, J.S. Singh, Supriya Dayal
For the Respondent: Mr. Pankaj Kumar
Headnote:
Conviction - Indian Penal Code - Section 302, Section 27 of the Arms Act - Section 302/34 of the Indian Penal Code, Section 35 of the Arms Act
Fact of the Case:
The appellants were convicted for offenses under Section 302 of the Indian Penal Code and sections 27 and 35 of the Arms Act. The prosecution case was based on the fardbeyan of the informant, alleging that the appellants were involved in the murder of the deceased. Witnesses provided conflicting testimonies, and the defense argued that the appellants were falsely implicated due to animosity with the investigating officer. The defense also highlighted discrepancies in the investigation and lack of evidence, including the recovery of the weapon of offense.
Finding of the Court:
The court found that the prosecution's case was full of doubts. It noted discrepancies in witness testimonies, lack of evidence, and questionable investigation practices. The court concluded that the prosecution failed to prove the charges against the appellants beyond all reasonable doubts and acquitted them, giving them the benefits of doubt.
Issues: Conflicting witness testimonies, lack of evidence, discrepancies in the investigation, and allegations of false implication.
Ratio Decidendi: The court's decision was influenced by the doubts raised regarding witness testimonies, lack of evidence, discrepancies in the investigation, and the possibility of false implication due to animosity with the investigating officer.
Final Decision: The impugned Judgment of conviction and Order of sentence were set aside, and the appellants were acquitted of the charges. All three appeals were allowed, and the appellants were discharged from the liabilities of their respective bail bonds.
H.C. Mishra, J.
All these three appeals arise out of the same impugned Judgment, as such these appeals were heard together and are being disposed of by this common Judgment.
2. Heard learned counsel for the appellants and learned counsel for the State.
3. The appellants are aggrieved by the Judgment of conviction and Order of sentence dated 16.12.1992, passed by the learned 2nd Additional Sessions Judge, Palamau, in Sessions Trial No. 320 of 1990, whereby the appellant Laxmi Ram @ Lachmi Narayan Ram has been found guilty and convicted for the offences under Section 302 of the Indian Penal Code and section 27 of the Arms Act, whereas the other two appellants have been found guilty and convicted for the offences under Sections 302/34 of the Indian Penal code and section 35 of the Arms Act. Upon hearing on the point of sentence, all the appellants have been sentenced to undergo R.I. for life for the offences under Sections 302/34 of the Indian Penal Code. No separate sentence was passed for the offences under sections 27 and 35 of the Arms Act.
4. The prosecution case was instituted on the basis of the fardbeyan of the informant Ashok Kumar, recorded at Sadar Hospital, Daltonganj, on 11.3.1990 at 20.15 hours, wherein he has stated that the day of occurrence, being the festival of Holi, in the evening he was going to meet his friend Kundan Singh, on his motorcycle, and he met him in the way. After spending some time with friends Kundan Singh and Sanjay Prasad, they came to take betel at the betel shop of Gopal Ji, near Sadeek Manjil Chowk. The informant Ashok Kumar remained on his motorcycle, whereas Kundan Singh and Sanjay Prasad went to the shop for taking betel. At about 7.15 P.M., they returned back and informant started his motorcycle, on which, Sanjay Prasad sat behind him and Kundan Singh was about to sit on his motorcycle, when one green coloured Vespa scooter came and stopped by the side of the motorcycle. The said scooter was being driven by Manu Prasad, Nanhe Pande was sitting behind him and Laxmi Ram was sitting behind Nanhe Pande, who took out a pistol and fired upon Kundan Singh from point blank range, injuring him near his ear. Kundan Singh fell down and all the three persons, who had come on the scooter fled away. Thereafter, the informant asked Sanjay Prasad to start the motorcycle, and he, with the help of one Guddu, who was present at the betel shop, got Kundan Singh seated in the middle of the motorcycle, and the informant himself sat behind holding him and they came to Sadar Hospital in the emergency ward, where in course of treatment, Kundan Singh died. The informant has stated that the occurrence was witnessed by many persons at the place of occurrence and the reason behind the occurrence could be informed by the family members of the Kundan Singh. On the basis of the fardbeyan of the informant Ashok Kumar, Sadar P.S. Case No. 69 of 1990, corresponding to G.R. No. 294 of 1990 was instituted for the offences under Sections 302/34 of the Indian Penal Code and section 27 of the Arms Act, against the accused persons and investigation was taken up. After investigation, the police submitted the charge sheet in the case.
5. After commitment of the case to the Court of Session, charge was framed against the appellant Laxmi Ram @ Lachmi Narayan Ram for the offences under Section 302 of the Indian Penal Code and section 27 of the Arms Act, whereas against the other two appellants, for the offences under Sections 302/34 of the Indian Penal Code and section 35 of the Arms Act, and upon the accused persons' pleading not guilty and claiming to be tried, they were put to trial. In course of trial, nine witnesses were examined on behalf of the prosecution, including the I.O. and the Doctor. One witness, P.W.-5 Awatar Singh has only been tendered by the prosecution. The defence is complete denial of the charge and six witnesses were examined on behalf of the defence also.
6. P.W.-1 Ashok Kumar is the informant and P.W.-2
