RAM PRAVESH NONIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Since two Hon'ble Judges of this Court were not unanimous in their verdicts in Criminal Appeal Nos. 441 of 1994 and 509 of 1994, while deciding culpability of the appellants, who suffered. conviction on different counts by the trial Court, the matter has come to reference to this Court under orders of Hon'ble Chief Justice as enjoined under Section 392 of the Code of Criminal Procedure, and this is how that this Court is required to assess probative value of evidence of witnesses independently without being obsessed with the finding of the Hon'ble Judges.

(2.) At the outset I may refer to some of the salient features of the prosecution case centering round the incident in question. Shorn of details, the factual matrix appearing in the fardbeyan of Amarjit Kumar Verma (PW 7) and also narrations made by the witnesses at trial which have fairly spelt out in the judgment of the Court below, are that in the intervening nights of 5/6th October, 1989 at about mid-night, while Rabindra Prasad (PW 6) had slept at the roof of house along with his family members, he got awakened when the appellants came there holding arms with them. It was alleged that Ram Pravesh Nonia made enquiries about whereabout of Amarjit Kumar Verma, pursuant to which, said Ram Pravesh Nonia not only exhorted but also put pistol on neck of Rabindra Prasad, and after the latter made resistance on catching hold of hand of Ram Pravesh Nonia, Bhattu Nonia pressed his hand. It was alleged that shortly after that, Ram Pravesh Nonia fired a shot on the neck of Rabindra Prasad and while retreating, Bhattu Nonia shot dead Anita Kumari, who was sleeping, some distance, at further case of the prosecution was that when on hearing of sound of firing, both Sanjiv Kumar (FW 3) and Amarjit Kumar Verma (PW 7) rushed to the house of Rabindra Prasad, noticed appellants passing through the lane holding fire arms, and found Anita Kumari dead smeared with blood at roof of house. They also noticed Rabindra Prasad (PW 6) with bleeding injuries on his person. It was alleged that when enquiries were made by these two persons, about the incident, they were told by Rabindra Prasad (PW 6) that while Ram Prasad Noma fired shot causing injuries on his neck, Anita was short dead by Bhattu Nonia. The incident in question was suggested to the off shoot of long standing enmity between the parties generated by heat of bitterness, arising out of land dispute. It was Amarjit Kumar Verma (PW 7) who set the criminal law in motion after rendering his statement at 2.40 hours on 6th October, 1989 before the Police at Primary Health Centre, Harnaut, where his injured father was sent for primary treatment. The investigation followed, in course of which police officer visited place of occurrence, secured injury report of the injured, sent the dead body of Anita Kumari for post mortem examination, recorded statement of witnesses, seized blood stained clothes and also earth, from the place of occurrence, noticed mark of violence on the tiles of the roof, and on conclusion of investigation laid charge sheet before the Court. In the eventual trial that commenced, the State examined altogether ten witnesses which include the injured, family members of the deceased, the police officer and also two doctors one of them held autopsy over the dead body of Anita Kumari and the other, who clinically examined the injuries, noticed on the person of Rabindra Prasad.

(3.) The evidence of the appellants both before the Court below and this Court had been plea of innocence and they ascribed false implication due to land dispute which was of long standing, notwithstanding last verdict having done in their favour. The trial Judge, however, on critically analysing the evidences placed on the record, while negativing contentions raised at bar on behalf of the appellants about their plea of innocence, recorded verdict of guilt, finding appellants guilty under Section 449 of the Indian Penal Code and sentences them to suffer rigorous imprisonment for a term of seven years. The appellants suffered conviction also under Section 27 of the Arms Act for which they were sentenced to suffer rigorous imprisonment for a term of three years. Bhatto Nonia suffered conviction under Section 302 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for life. He suffered conviction also under Section 307/34 of the Indian Penal Code, for which he was sentenced to suffer rigorous imprisonment for a term of seven years. As for Ram Pravesh Nonia he suffered conviction also under Section 307 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for a term of seven years. As for Birjey Nonia, who was suggested to be the non-assailant, he too suffered conviction under Section 307/34 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for a term of seven years. All the sentences were, however, directed by the trial Court, to run concurrently.