1. Introduction and Background
   The case involves two criminal appeals related to the murder of Brij Bihari Prasad, a Bihar Legislative Assembly member, and his bodyguard, Lakshmeshwar Sahu, in 1998. The Patna High Court acquitted nine accused persons, including the main accused, Mantu Tiwari, and Vijay Kumar Shukla, previously convicted by the trial court.

2. Incident Description (Para 3-5)
   On June 13, 1998, Brij Bihari Prasad was shot dead outside the Indira Gandhi Institute of Medical Science, Patna, where he was receiving treatment under judicial custody. Armed men arrived in two vehicles and opened fire, killing both Prasad and his bodyguard.

3. Charges and Sections Discussed (Para 2-7)
   The accused were charged under Sections 302, 307, 333, 355, and 379, all read with Section 34 of the Indian Penal Code, 1860, and Section 27 of the Arms Act, 1959. The trial court convicted nine accused, but the High Court reversed the convictions.

4. Prosecution Case and Key Evidence (Para 6-11)
   The prosecution presented eleven eyewitnesses, out of which four supported the case. Eyewitnesses included close associates and security personnel who were present at the scene. The trial court found this testimony credible enough to convict the accused.

5. High Court’s Acquittal and Reasoning (Para 8-10)
   The High Court reversed the trial court’s decision, citing issues such as the FIR being ante-timed, and discrediting key witnesses due to their relationships with the deceased, their criminal backgrounds, and contradictions in their testimonies.

6. Supreme Court Analysis of Eyewitnesses (Para 11-19)
   The Supreme Court examined the depositions of eyewitnesses like Paras Nath Chaudhury (PW-1) and Mahanth Ashwani Das (PW-25) in detail. The Court found their accounts reliable, dismissing the High Court's reasoning for disbelieving their testimonies.

7. Motive and Conspiracy (Para 23-28)
   The motive behind the murders was linked to political rivalry, particularly between Prasad and the accused, who were associated with rival politicians. The prosecution also presented evidence of a conspiracy, but the Supreme Court found insufficient proof to convict for conspiracy.

8. Conclusion and Final Judgment (Para 42-44)
   The Supreme Court restored the conviction of Mantu Tiwari and Vijay Kumar Shukla for murder and attempted murder. The sentences of life imprisonment and additional imprisonment for five years were upheld.

Acts and Sections Discussed

1. Indian Penal Code (IPC), 1860

   • Section 302: Punishment for Murder
   • Section 307: Attempt to Murder
   • Section 34: Acts Done by Several Persons in Furtherance of Common Intention
   • Section 379: Theft
   • Section 355: Assault or Criminal Force

2. Arms Act, 1959

   • Section 27: Punishment for Using Arms

Ratio Decidendi

The Supreme Court’s decision rested on the reliability of the eyewitness testimonies, which the High Court had discredited. The Apex Court reiterated that minor discrepancies or contradictions in witness statements should not lead to the dismissal of their entire testimony if the core facts remain credible.

Subjects:

 Criminal Law, Murder, Political Rivalry

Criminal Appeals, Conspiracy, Political Murder, Eyewitness Testimony, Indian Penal Code.