RAFIQUE Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Criminal Appeal provides an instance of an utter failure of the system or the extent to which the criminal justice system has been misused, if not managed. The respondents 2 to 9 herein, were tried in Sessions Trial No.280 of 2009 by the Court of Additional Sessions Judge-4, West Champaran at Bettiah, for the offences punishable under Sections 147, 323, 324/34, 307/34, 302/34 and 504/34 of the Indian Penal Code. The allegation was that the respondents 2 to 9 caused the murder of Abdul Hafeez on 16.02.2008 at 9 A.M. at Village Sirisiya, P.S. Sikta, District-West Champaran. The complaint in this behalf was submitted by the appellant herein, who is the brother of the deceased. The F.I.R was registered. Formalities, such as causing inquest and conducting the postmortem, were completed. After investigation, a chargesheet was filed against the respondents 2 to 9 alleging offences referable to Sections mentioned above.

(2.) The respondents 2 to 9 pleaded not guilty. Therefore, the case was taken up for trial. On behalf of the prosecution, six witnesses, including four private, were examined and all of them are said to have been hostile. Through a brief and cryptic judgment dated 29.06.2010, the trial court acquitted the respondents 2 to 9. Therefore, this appeal against acquittal is filed under Section 372 of the Code of Criminal Procedure, by the complainant.

(3.) One of the grounds raised by the appellant is that P.Ws 1 to 3 who were examined as witnesses in the Court, were not the persons with those names, and the respondents 2 to 9, with the help of the Public Prosecutor have impersonated them. When the appeal was listed for admission, a Division of this Court comprising of Hon'ble Mr. Justice Shiva Kirti Singh, as his Lordship then was, and Hon'ble Mr. Justice Gopal Prasad, passed an order dated 15.03.2011 expressing surprise over the manner in which the trial Court dealt with the case. The Bench left open to the appellant to submit a complaint before the trial Court for the alleged impersonation of P.Ws 1, 2 an 3. It was also directed that the enquiry under Section 340 of the Code of Criminal Procedure shall be completed within three months.