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2024 Supreme(Jhk) 1052
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Rongon Mukhopadhyay, Pradeep Kumar Srivastava, JJ.
Tikla Singh @ Birju Singh @ Chhotu Singh son of Late Sarju Singh - Appellant
Versus
The State of Jharkhand - Respondent
Criminal Appeal (D.B.) No. 1036 of 2018
Decided On : 09-09-2024
For the Appellant :Mr. R. S. Mazumdar, Senior Advocate
For the Respondent: Mrs. Lily Sahay, A.P.P.
A conviction for murder cannot be sustained where eyewitness testimony is unreliable and lacks corroborative evidence, especially in chaotic circumstances.
Headnote:(A) Indian Penal Code, 1860 - Section 302 - The appellant was convicted for murder and sentenced to life imprisonment, alongside a fine. The conviction was based on eyewitness testimonies that were later found unreliable due to the chaotic nature of the event, raising concerns over the validity of the evidence. (Paras 2, 11, 14)
(B) Criminal Procedure - Appellate review - The appellate court should assess the reliability of witness testimonies and the prosecution's case comprehensively, especially when substantial evidence is lacking. The reliance on a single statement without corroboration is insufficient for upholding a conviction and demands a critical reevaluation of all evidence. (Paras 10, 16)
Facts of the case:
The appellant was convicted for the murder of the informant's brother during a public function where a shooting incident occurred, with the appellant allegedly firing from a countrymade pistol. Witnesses presented varied accounts, leading to questions regarding the credibility of the prosecution's evidence.
Findings of Court:
The trial court's reliance on testimonies deemed unreliable led to the conclusion that the conviction was unwarranted, given the lack of corroborative evidence.
Issues: The key issues addressed were the reliability of witness statements in the context of chaotic circumstances and whether the evidence was sufficient to support a conviction.
Ratio Decidendi: The court emphasized that a conviction cannot stand on unreliable eyewitness accounts, particularly when critical evidence such as ballistic reports were absent and discrepancies existed in witness testimony.
Result: Appeal allowed; the judgment of conviction and sentence was set aside.
| Table of Content |
|---|
| 1. murder conviction details and background. (Para 2 , 3) |
| 2. autopsy and witness testimonies. (Para 4 , 5 , 6 , 7 , 9) |
| 3. arguments regarding eyewitness credibility. (Para 10 , 11) |
| 4. court's critical analysis of evidence. (Para 12 , 14) |
| 5. reversal of conviction and legal conclusions. (Para 15 , 16) |
| 6. order for immediate release of appellant. (Para 17 , 18) |
JUDGMENT :
R. Mukhopadhyay, J.
Heard Mr. R. S. M azumdar, learned senior counsel for the appellant and Mrs. Lily Sahay, learned A.P.P. for the State.
2. This appeal is directed against the judgment and order of conviction and sentence dated 19.07.2018 (sentence passed on 24.07.2018) passed by Sri Ravi Ranjan, learned Additional Sessions Judge IV, Dhanbad in S. T. No. 403 of 2015 whereby and whereunder the appellant has been convicted for the offence under Section 302 of I.P.C. and has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/- and in default in payment of fine to undergo simple imprisonment for six months.
3. The prosecution case arises out of the fard beyan of Abdul Qudus recorded on 04.03.2015 in which it has been stated that on 04.03.2015 itself a Holi Milan function was organized in the evening in the campus of R.P.F. Barrack and there was a crowd consisting of the persons of the locality. In the function, singing and dancing was going on and the people were also enjoying the refreshments spread out and the informant as well as his elder brother Md. Maqsood had participated in the function. At about 10:15 P.M., he and his elder brother left for his house on foot and at around 10:30 P.M. as soon as the brother of the informant reached Shukla More near R.P.F. Sheo Mandir, 2-3 persons came and all of a sudden caught hold of his brother and Tikla Singh (appellant) took out a countrymade pistol and shot at the head of the brother of the informant from point blank range. The brother of the informant fell down on road and Tikla Singh and his associates started fleeing away. The Officer Incharge of Hariharpur Police Station and other police personnel started chasing the accused and though a bomb was exploded as a deterrence, but the police personnel had caught Tikla Singh red handed with a countrymade pistol. It has been alleged that the associates of Tikla Singh in order to get him freed from the clutches of the police had fired at the police personnel, but luckily no harm could be caused to them. The accomplices of Tikla Singh managed to escape. When the informant went to the place where his brother was lying, he found him dead.
Based on the aforesaid allegations, Hariharpur P. S. Case No. 18 of 2015 was instituted against Tikla Singh and unknown assailants under Section 302/34 of I.P.C. On completion of investigation, charge-sheet was submitted and after cognizance was taken, the case was committed to the court of Sessions where it was registered as S. T. No. 403 of 2015. Charge was framed against the accused under Section 302 of I.P.C. which was read over and explained to him in Hindi to which he pleaded not guilty and claimed to be tried.
4. The prosecution has examined as many as 6 witnesses in support of its case.
5. P.W. 1 – Dr. Vineeet P. Tigga was working as a Tutor in the Department of F.M.T., PMC, Dhanbad and on 05.03.2015 he had conducted autopsy on the dead body of Md. Maqsood Ansari and had found the following:
“Antemortem external wounds
(i) Wound of entrance of firearm – 1 ¼” x ¾ “ lacerated wound over right parieto – occipital junction of head. Skull bones found in multiple pieces and blood clots with surroundings blackened. No evidence of burning or singing found. Tattoing found at places over the periphery.
(ii) Abrasion –
(a) 1” x ¾” on the left side of forehead.
(b) 2” x 1” on the lateral aspect of left eyebrow.
(c) ½” x ½” on front of right knee.
(d)1” x 1” on inner side of right knee.
On dissection
On exploration of injury no. 1 blood clots found beneath skin and scalp all over. Brain matter found lacerated and
