Credibility and reliability of witness testimonies are critical in criminal convictions; lack of corroboration and non-examination of key witness can lead to reasonable doubt.

ORAL JUDGMENT

Date: 05-11-2018

Appellants, Dadan Choudhary, Bhushan Choudhary, Chakraworti Choudhary and Rabindra Pathak @ Munna Pathak have been found guilty for an offence punishable under Section 324 /34 of the IPC and each one has been sentenced to undergo RI for 3 years, under Section 448 , each of them has been sentenced to under RI for 1 year with a further direction to run the sentences concurrently, vide judgment of conviction and order of sentence dated 28.01.2009 passed by Additional District & Sessions Judge, Fast Track Court No.3, Buxar in Sessions Trial No. 312 of 2004/108 of 2004.

2. Pantu Rawani (PW 1) gave his Fard-e-beyan on 02.11.2002 at about 12:00 Noon while he was admitted at Sadar Hospital, Buxar before the police officials of Buxar Town PS divulging the fact that he happens to be labourer and his livelihood is based upon daily earnings. He has gone to see a cultural programme organized at Gauri Shankar Mandir in the night of 29.11.2002 (date wrongly scribed). He has gone there at 8:00 PM and returned back at 3:00 AM along with Manoj Rawani. Yesterday, i.e. on 01.11.2002 at 5.00 AM, Dadan Choudhary, Chakraworty Choudhary, Munna Pathak and Bhushan Choudhary, all residents of Sohni Patti, PS-Buxar, Town, Distt-Buxar came inside his house and inquired from him as to why he has stolen Television. He disclosed that he is a labourer. He has not committed theft till today, over which, they all began to assault him with fists, slaps, legs, shoe and stick. During midst thereof, Chakravorti, on the pretext of pistol said to produce the T.V, otherwise, he will be murdered. They have also searched out the T.V in his house but failed to locate. His mother, Pramila Devi and Bhabhi, Kamla Devi wife of Munna Rawani came in rescue but, the accused persons pushed them off. They have also disclosed that he will be made to dance naked. Then thereafter, they dragged him outside his house and Chakravorti took him to his house where, he was assaulted. Mohalla people have witnessed the same. He was assaulted up to 3:00 PM and during midst thereof, he was taken all around. Dadan snatched away chain (of silver) from his neck. He has sustained injury over his hand, leg, shoulder, chest, belly and back. When he became unconscious, then, Mohalla people took him to the hospital where saline was administered to him.

3. After registration of Buxar (Town) PS Case No. 283/2002, investigation commenced followed with submission of charge-sheet which happens to be the basis of trial, meeting with ultimate result, subject matter of instant appeal.

4. Defence case as is evident from the mode of cross- examination as well as statement recorded under Section 313 CrPC is that of complete denial. It has also been pleaded that informant stolen away one colour TV which was affixed for screening cultural programme and for that, he was questioned as, people have seen him removing the TV whereupon, he confessed his guilt and further, undertook to produce the TV on 02.11.2002 whereunder, the he failed and for that, on the written report of President of Cultural Programme, Jayant Kumar Sinha , Buxar Town PS Case No.282/2002 was registered and in order to counter meet the same, this case has been instituted in order to make out a defence case. Oral as well as documentary evidence have also been adduced in support thereof.

5. In order to substantiate its case, prosecution had examined altogether 7 PWs who are PW-1, Pantu Rawani, informant PW-2, Binod Rawani, his full brother, PW-3, Pramila Devi, mother, PW-4, Minu Devi, Bhabhi, PW-5, Birendra Kumar Rana, Part I.O, PW-6, Dr. Raghuwansh Mani Pandey, PW-7, Ajay Kumar Singh, formal witness, as well as also exhibited injury report