Even on question of law it is apodictic that motive may not assume relevance but if introduced it has to be taken to a logical conclusion-High Court of Patna
Title-Bhopal Paswan Vs The State of Bihar
Decided on-01/12/2023
+CR.APP (DB) No.1037/2017
CORAM-HON’BLE JUSTICE MR ASHUTOSH KUMAR AND HON’BLE JUSTICE MR.NANI TAGIA
FACTS
As per the facts of the case The appellant has been convicted under section 302 of the IPC and has been sentenced to undergo rigorous imprisonment for life and to pay fine which was passed by the Learned 5th Additional Sessions Judge,Jehanabad.As per the facts lodged by the son of the deceased that one Parmeshwar Thakur is said to be killed at the hand of the appellant.As the appellant worked as a labourer in the village who killed the deceased because his wife was taken away by the deceased for last six months.As at around 11:00 am on 23/03/2014 while his father was coming back from the field after defeating He was assaulted on his head by means of a lathi by the appellant.This happened in front of the house of one Govind Thakur not been examined in the trial but his wife came to the witness stand that she had seen the deceased lying injured at the place of occurrence.The FIR was recorded and based on it on 23/03/2014 registered for investigation for offence under section 302 of IPC.Police after investigation submitted the charge sheet and Appellant was put on trial.The Trial court after having examined witnesses has convicted the appellant as aforesaid.
Law Involved/Legal Provisions
As whether the appellant is been convicted under section 302 of IPC as the order passed by the learned trail court.
Issue framed
a)whether appellant convicted under section 302 of IPC By the learned trial court is valid.
b) was such statement made by him?
The Court analysis and DECISION
As per the Hon’ble court after hearing both the parties observed and state that as per the facts stand confirmed petitioner witness no.1 as well who claims to have reached the P.O. as Petitioner witness no.5 has not seen the actual part of the assault it is quite likely that Petitioner witness also would not have seen any part of the assault.,there is no certainty that he had witnessed the occurrence himself made story because of the background facts as he even filed counter stating that he has seen the occurrence.The occurrence gas taken place between 7:30 to 8:00 am and the FIR was registered at 2:30 P.M sufficient time has been elapsed confabulate and come up with a common set of accusations for lodging the case.The other noticeable factor that none of the witnesses have remotely suggested the affair of the deceased with the wife of Appellant.The lathi used by the appellant has not been recovered.The manner in which investigation has been done does not give any clear picture of the facts.The Appellant is a labourer and the deceased is not a co-labourer but a farmer.unless it was ascertained that the appellant had any reason to attack the deceased the Evidence collected in the case would remain insufficient.Even on question of law it is apodictic that motive may not assume relevance but if introduced it has to be taken to a logical conclusion.on overall conspectus of the facts of this case we find that the witnesses have not made true assertion that they saw the actual part of the assault.The postmortem report though confirms that the death was homicidal but who committed it remains unknown.There was no dispute between the appellant and the deceased which fact stands confirmed in the deposition of the witnesses.The only reason for the attack would have been the unholy relationship between the deceased and the wife of the appellant.This lapse remain incurable.For the aforenoted reason we find that the trial proceedings to be completely vitiated.The Appellant has remained in the jail for nine years by now.He is acquitted of the charge of murder levelled against him.The appeal is succeeded.
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