Case Note & Summary
The case involved five appellants accused of murdering Shivnandan Prasad in Bihar on 13.12.1999. The deceased was attacked while milking a buffalo, allegedly by the appellants who accused him of burning their straw. The prosecution presented five eyewitnesses who testified to the events, leading to the conviction of the appellants under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. The appellants contended that the prosecution's case was improbable and inconsistent with medical evidence, particularly regarding the presence of rigor mortis and the distance of firing. The defense argued that the investigation was inadequate, with no blood found at the scene and no gun recovered. The State countered that blood was seized and eyewitnesses corroborated the prosecution's version. The court noted discrepancies in eyewitness accounts and medical evidence but ultimately found that only Brijnandan Prasad fired the fatal shot, while the others did not share a common intention to commit murder. The court allowed the appeal for the other appellants, setting aside their convictions, while upholding the conviction of Brijnandan Prasad. The judgment emphasized the need for credible eyewitness testimony and the importance of establishing common intention in murder cases.
Headnote
A) Criminal Law - Murder - Conviction under Section 302 IPC - The court found that while the prosecution proved the murder of Shivnandan Prasad, it failed to establish common intention among all accused. Only Brijnandan Prasad was held responsible for the murder, leading to the acquittal of the other appellants. The evidence indicated that only Brijnandan Prasad fired the fatal shot, while others did not participate in the act of firing - Indian Penal Code, 1860, Section 302 - Held that the prosecution established the murder charge but not the common intention (Paras 10-11).
Issue of Consideration
Whether the appellants were guilty of murder and whether they acted with common intention.
Final Decision
The Supreme Court allowed the appeal of the other appellants, setting aside their convictions, while upholding the conviction of Brijnandan Prasad for murder under Section 302 IPC. The court directed that the appellants in Criminal Appeal No. 1169 of 2005 be released forthwith if not wanted in any other case.
Law Points
- Murder
- Common Intention
- Eyewitness Testimony
- Medical Evidence
- Investigation Standards
