High Court allowed criminal appeal in murder case, setting aside conviction where key witness did not name appellants in initial complaint and IO failed to explain basis for their inclusion in charge sheet solely on fardbeyan.
Set aside conviction and sentence of appellants; cancel bail bonds.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (DB) No.331 of 1991
Arising Out of PS. Case No. 92 Year- 1986 Thana -Bhagwanpur District- Begusarai
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Both residents of village Bagaras, P.S. Bhagwanpur, District Begusarai. 3. Ayodhya Mahto son of Sagat Mahto, resident of village Bhardiha, P.S. Bhagwanpur, District Begusarai (since dead)
.... .... Appellants
Versus
The State of Bihar
.... .... Respondent
=========================================================== Appearance :
For the Appellants : Mr. Ravindra Kumar, Advocate For the Respondent: Dr. Mayanand Jha, APP.
=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE
And
HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 06-02-2015
The accused nos.1, 2 and 3 in Sessions Trial No. 258 of
1987 (renumbered as Sessions Trial No.47 of 1990) on the file of the 2nd Additional Sessions Judge, Begusarai are the appellants herein. Out of them, the second accused i.e. the third appellant, by name, Ayodhya Mahton, died during the pendency of this appeal and the case against him abated. The appeal is only in respect of appellant nos.1 and 2, i.e. Ram Kripal Mahton and Rajo Mahton.
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when her husband was cutting fodder in the evening, the accused no.3 Rajo Mahton, a neighbour in the rear backyard, called Ram Chandra Mahton with a request to accompany him to the agricultural field of the neighbouring village, and Ram Chandra Mahton is said to have asked P.W.4 to put the fodder to the cattle, while going out. She further stated that when Ram Chandra Mahton did not return, even by 9 O’ clock, she, along with her Devar and Gotini are said to have gone to search and when she reached the school, they met Ayodhya Mahton, all of them were proceeding to search. They are said to have heard the sound of gun shot and several villagers raised hue and cry that a murder had taken place. P.W.4 and other persons, who accompanied her, are said to have gone to the place from where sound of firing emitted and they found Ram Chandra Mahton lying in a pool of blood struggling for life. Immediately thereafter they are said to have proceeded to the police station and gave the statement.
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received a pellet injury on his arm. At the end she has stated that she suspected the involvement of accused no.4 and his family members for the death of her husband.
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basis for the prosecution and no inkling of evidence existed for implicating the appellants herein.
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is also silent as to what steps were taken after noticing the deceased.
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FIR was registered. However, that did not form part of the record. It only shows that every effort was made to improve the case and to implicate the innocent persons. The curious part is that the trial court has chosen to acquit the only one person whose name was mentioned as suspect, in the fardbeyan and convicted three persons regarding whom not a single word was stated either by P.W.4 or P.W.7. There is a clear miscarriage of justice.
(L. Narasimha Reddy, CJ)
AFR
B.T/Ibrarul U
(Vikash Jain, J)
2 issues framed by the court
Whether the conviction of appellants in murder case could stand when the primary witness never named them in her initial statement
Whether the Investigating Officer discharged his duty to explain the basis for including unnamed persons as accused
Ram Kripal Mahto
Rajo Mahto
Ayodhya Mahto
State of Bihar
Chief Justice
Vikash Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
