The High court Of Patna quashed the order passed by the learned trial court under section 302/34,120B &307/34 of IPC and section 27 of Arms Act as Prosecution failed to proof the case
TITLE-Ram Bachan Singh vs The State of Bihar with Munna Singh vs The State of Bihar
Decided on-18/12/2023
+CR.APP(DB)No.261/2017
CORAM-Hon’ble justice Mr.Vipul M.PANCHOLI and Hon’ble Justice Mr.Rudra Prakash Mishra.
FACT
As per the facts of the case As the present appeal is been filed by the appellant challenging the order of conviction and order of sentence passed by the learned Sessions Judge, Begusarai were the trail court has convicted the appellant for the offences punishable under 302/34,120B and 307/34 of IPC as well as section 27 of the Arm Act and other convicted under section 302/34,120B of IPC and Section 27 of the Arm Act.As from the Prosecution side the informant Ram Vinay Singh were he state that on 29/06/2012 The baraat was coming to Hadipur by City ride bus were his son in law Mukesh Singh,son of Ram Pravesh Singh and six other people were travelling.As soon as the bus reached near the tree of Pakar at Village Maheshpur Mor, the bus stoped and Appellant Sonu Kumar Singh and Manoj Singh and started to firs with the country made pistol and due to firing his son in law Mukesh Singh got shot in the chest on both the sides, elbow of left arms and below the lips and forehead due to which he died on the bus as after his death he wanted to get down from the bus but Rambachan Singh, Munna Singh, Balram Singh and Chhotu Singh were standing outside the bus,started firing.The said incident happened around 12:30 p.m as the reason behind the shooting was that his son in law of the informant had a conflict with the accused persons and around 3 years back he had filed a case. A formal FIR came to be registered and IO started the investigation and during the course of the investigation he had recorded the statement of the witnesses The deceased body went for the post mortem and thereafter filed the charge-sheet against the accused before the concerned Magistrate court,The case was exclusive triable by the court of Sessions the learned Magistrate committed the same to the concerned Sessions court.During the course of the trial the Prosecution examined witnesses.After conclusion of the trial,The Trial Court passed the impunged order against which three different convicts have filed three different appeals.
Law Involved/Legal Provisions
All the present appeals have been filed under Section 374(2) of the code of criminal procedure,1973 challenging the order of conviction and sentence passed by learned Sessions Judge, Begusarai convicted under section 302/34,120B and 307/34 of the IPC as well as section 27 of the Arms Act
ISSUE FRAMED
Whether the order passed by the learned Trial Court is valid ?
THE COURT ANALYSIS AND DECISION
As per the Hon’ble court after hearing both the parties observed and aforesaid evidence it would emerge that the Prosecution has projected to witness as an eye witness .and there are major contradictions in the deposition of the informant and totally a new story has been deposed by him before this court.Thus the court are in the view that so called eye witness are projected as chance witnesses and their deposition cannot be relied as there are major contradictions and inconsistencies.As pertinent to note that though the informant has specifically stated that there were six other passengers in the bus none of them have been examined by the Prosecution.Further from the medical evidence it is revealed that the death of Mukesh Kumar Singh was caused before 6 hours from the time of conducting the postmortem and the theory put by the Prosecution is not supported by the medical evidence.From the aforesaid discussion the Prosecution has failed to prove the case against the appellant/accused beyond reasonable doubt despite which the trail court has passed the impunged order is required to be quashed and set aside.All these appeals are accordingly allowed.
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