The appeals is been allowed for set aside the order and Judgement passed by the trial court for convicting under section 302 and 27 of the Arm Act by The High court of Patna
Title- Vinod yadav Vs The state of Bihar with Shobhan Yadav
Decided on-22/11/2023
+CR.APP (DB) 1069/2018
CORAM-HONORABLE JUSTICE MR.ASHUTOSH KUMAR AND HON’BLE JUSTICE MR.NANU TAGIA
INTRODUCTION
As the appeal is been filed by appellant who have convicted under sec 302 of the IPC and Section 27 of the Arm Act and have been sentenced to undergo R.I for life along with a fine where the Judgement and order dated on 20/07/2018 and 27/07/2018 passed by the learned exclusive special judge SC/ST Trial no.201/2016 arising out of Dumariya.
FACTS
As per the facts an FIR has been lodged by the wife of the deceased who alleged that while she along with her husband and brother in law had been campaigning for panchayat election and where attacked by many people in which appellant shobhan yadav hit the brother in law and appellant Binod hit the husband and were died at spot.on 25/05/2016 was registered for investigation under section 302,120(B),379 and 435 of IPC, Section 27 of the Arm Act and section 17 of the criminal law Amendment Act r/w 3(i),(x),(xi),3(2)(v) of SC/ST act,1989 were after police investigation chargesheet against the appellant and others whereupon the case committed to the court of sessions for trial court and after having examine the appellant were convicted and sentenced the appellants as aforesaid but acquitted the other six accused person who were put in trial.As per the learned council for appellant states that as the deceased wife state before trail court that she was not present in the campaign when the occurance had taken place and was also not explained the contents of fardbeyan.The trial court perhaps found that there could be reason for other prosecution witnesses not supporting the case but it was a homicidal death which stood confirm from the deposition of witnesses and also trial court did not at all take into account the deposition of defence witness in correct perspective and if the FIR would have been perused that would have made it very clear That the naxalites in large number had attacked the campaign party and the name of the appellants were taken along with others perhaps for feeding fat the old electoral grudge and as per the grounds the conviction of the appellant is not justifiable.Whereas per the learned council for opposite party state that number of prosecution witnesses do not matter in a criminal case and conviction can safely be based on the testimony of a solitary witness and there is nothing apparent on record which would justify discarding the deposition who was part of the campaign team and had witnessed the occurrence and had seen both the appellants killing the two deceased.
THE COURT ANALYSIS AND DECISION
As per the Hon’ble court the court observed that neither the informant nor any other witness has supported the procecution case and with the background fact having been brought on record and find that trial court was not justified in accepting the deposition of witness as correct without any demur and conviction of the appellants is not justified.Therefore set aside the judgement and order of conviction and acquit the appellants of all the charges giving them the benefit of doubt and both the appeals are allowed.
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