Appeal against conviction for setting fire to informant's hut and killing his pig. High Court found prosecution evidence unreliable: only related witnesses, no independent witness, no seizure list of burnt materials, and I.O. not examined. Conviction and sentence set aside; appellants acquitted on benefit of doubt.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.844 of 2006
======================================================
All Resident of Village- Chhotakadih, P.S. Murar, District- Buxar.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Vipul Sinha, Amicus Curiae For the State : Ms. Anita Kumari Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL JUDGMENT
Date : 18-03-2024
Heard Mr. Vipul Sinha, learned Amicus Curiae
appearing for the appellants and Ms. Anita Kumari Singh, learned Additional Public Prosecutor for the State.
Patna High Court CR. APP (SJ) No.844 of 2006 dt.18-03-2024 2/10
years u/s 436/34 of the IPC and they further sentenced to undergo rigorous imprisonment for three years u/s 429 of the Indian Penal Code. Both the sentences will run concurrently.
Patna High Court CR. APP (SJ) No.844 of 2006 dt.18-03-2024 3/10
of the complaint to Murar police station for registering the case and investigation. Accordingly, Murar P.S. Case No. 11 of 1999 was registered and after completing the investigation charge-sheet has been submitted against the appellants under Sections 436 and 429 of the Indian Penal Code. Thereafter, cognizance has been taken against the appellants, the case was committed to the court of Sessions for trial and disposal.
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According to this witness, he was sleeping in his hut at the time of occurrence. Bantu Ram (P.W. 3), Uma Kant Ram (P.W. 2) and his father Bhadai Ram were also sleeping with him. All of sudden the hut caught fire then he woke up and came out and saw that all three accused persons were fleeing in the Northern side of the house. The accused were identified in the light of fire. A pig was also tied in other hut. The woods, bed, blankets, razai and cot destroyed in the fire. The pig also died in the fire. In course of crossexamination this witness has stated that he filed the case in the court after 10 to 15 days of the occurrence. This witness has further stated that he had got two huts. One hut was about ten hand in length.
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namely, Hira Lal, Shiv Lal and Santosh Lal. This witness has further stated that the persons who were sleeping inside the hut also woke up and came out. The accused persons fled away towards North side. According to this witness the wood kept in the hut destroyed in the fire. This witness has further stated that Police recorded his statement after one and half month of occurrence. In course of crossexamination this witness has stated that his Mother has died due to illness after the occurrence. This witness has admitted the previous enmity with the accused persons. His house and the house of informant is situated in same courtyard. The land of the house was purchased in the year 1981-82 from Mane Ram Yadav. Accused Hira Lal has purchased eight decimal land from Baiznath Mahto after the purchase of this witness. The measurement of land of the informant and accused persons has been done several times by the Government Amin and he has obeyed the measurement. A Panchayati was also took place regarding the disputed land. The accused persons did not obey the verdict of Panchayat . Other witness P.W. 3 also deposed to establish the prosecution case, who is the brother of the
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informant (P.W. 4). P.W. 1 is the formal witness, who has proved the formal F.I.R. which is marked as Ext-I.
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independent witness of this case rather he has been prejudiced in this case due to non examination of Investigation Officer. It is further submitted that P.W. 4 informant has deposed that villagers come at the place of occurrence after the occurrence but he has not taken any name of villagers and the I.O. of this case has not recorded any statement of independent witness. The place of occurrence has not properly proved by prosecution evidence.
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prosecution has failed to prove specific overt act of setting fire against the appellants and the case is not believable that in the night the appellants were identified by the P.Ws. There is no specific evidence adduced on behalf of the prosecution that out of three accused persons/appellants who set hut on fire. In this case there is no seizure list proved and exhibited as material burnt in fire as alleged by the prosecution, what materials and how much costs of materials were destroyed in the alleged occurrence. In absence of non-availability of the seizure list and not proven the same, the prosecution failed to prove in respect of mischief causing set hut and other materials on fire. The prosecution case as well as the defense admitted this point
that the informant and appellants have inimical term amongst them and there was land dispute in existence so there is more probability to falsely implicated the appellants in this case.
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valuable right of the defense who deprived to nonexamination of I.O., so the defense is highly prejudiced and in this case the place of occurrence due to non-examination by I.O. not proved and all P.Ws. 2, 3 and 4 are related with each other and they are interested, no reliance can be placed on the evidence of this witnesses. The occurrence of this case took place in the midnight and at that time every person was sleeping and in the FIR no name of any independent witness mentioned and the evidence of all P.Ws. not believable without any independent witness and it would not be safe to convict the appellants without corroboration of the independent witnesses. It is a prudent rule that in absence of independent witness, the evidence of interested witnesses fit to be discarded.
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the appellant is entitled to get the benefit of doubt. The impugned judgment of conviction and order of sentence is hereby set aside and appellants are acquitted after giving them the benefits of doubt. The instant criminal appeal is allowed . The appellant, who is on bail, is discharged from the liabilities of the bail bonds.
(Sunil Kumar Panwar, J)
Arish/-
| AFR/NAFR | NAFR |
|---|---|
| U | |
| T |
1 issue framed by the court
Whether the prosecution proved the charges under Sections 436/34 and 429 IPC beyond reasonable doubt despite interested witnesses, non-examination of the I.O. and absence of a seizure list.
2 provisions across 1 enactments
Hira Lal Ram
Shiv Lal Ram
Santosh Ram
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
