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TITLE- Ramvinay Rai& ors Vs The State of Bihar

Decided on-20/12/2023

+CR.APP NO.742/2017

CORAM-HON’BLE JUSTICE ASHUTOSH KUMAR AND HON’BLE JUSTICE NANI TAGIA

FACT

As per the facts of the case A student name as. Kamlesh Kumar studing in a coaching Institute was found dead in the field of one Bishwanath Rai and according to the medical evidence he was bludgeoned to death.Somebody had killed him in the night intervening between 28/04/2014 and 29/04/2014.The FIR was lodged by the father of the deceased who is an informant as he don’t have idea about the killer so registered under section 302,201 of the IPC against unknown.As evidence reveals that the deceased was having an affair with a co-student in the coaching Institute and the Appellant are the uncle and the father of the aforenoted friend of the deceased.The Prosecution story hinges in the insistence of the deceased and his friend to marry,which was not to the liking of the family of the girl.Hence the murder.

LAW INVOLVED/LEGAL PROVISIONS

As the Appellants who are brothers have been convicted under section 302,120B and 201 of IPC were the Judgement passed by the learned Additional Sessions Judge-XIII,Motihari in Sessions Trial were they have been sentenced to undergo imprisonment for life for the offences under section 302/120B with the fine and under section 201 of IPC sentenced to undergo rigorous imprisonment for three years with fine.

ISSUE FRAMED

Whether the order passed by the trial court against the appellant under section 302,120B and 201 of IPC Is Valid?

THE COURT ANALYSIS AND DECISION

As per the Hon’ble court after hearing both the parties observed and state that there are certain missing links in the story.As from the family of the deceased was given the impression that the parents of the girl have acquiesced and are ready to accept the relationship.The Positive efforts of the Prosecution through the mouth of the witnesses un an attempt to anyhow implicate the father and the uncle of the girls who are Appellants make teg Prosecution case doubtful and therefore unacceptable Also testing from the other angle it appear that the story of the deceased having been killed at the hand of the appellants and throwing in the field is not correct.The father of the deceased would surely have raised suspicion against the appellants.The mother of the deceased therefore had resorted to complete falsehood while disposing before the trail court and similar is the statements of the other witnesses.One of the witnesses has state that the girl has not yet been married.The learned Advocate for the appellants would then be justified in presumption that the family of the girl had not fixed her marriage with anyone for the reason that they have accepted the relationship with the deceased and The Petitioner witness was correct while lodging an FIR that he had no clue about the mother and no suspicious either on the family of the girl.In such event the conviction of the appellants can only be seen ab inference if guilt because of the association of the deceased with co-student of whom the appellants are the uncle and father.The Court find the conviction to be based on no evidence and set aside the judgement and order of conviction and sentence and acquit the appellant of the charge giving them the benifit of doubt.The Appellants are on bail,they are discharged of their liabilities under the bail bond and the appeal stands allowed.

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Written by- Prachee

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