TARNI PRASAD SWANKAR Vs. RANJIT KUMAR

JUDGEMENT

(1.) These appeals, by special leave, have been filed against the judgment and order dated 10.10.2007 passed by the High Court of Judicature at Patna in Death Reference No. 9 of 2004 (State of Bihar v. Ranjit Kumar) with Criminal Appeal No. 788 of 2004 (Ranjit Kumar v. State of Bihar) and Criminal Appeal No. 845 of 2004 (Satya Narayan and Ors. v. State of Bihar), whereby the High Court disposed of the said appeals and the death reference case by a common judgment. The Trial Court by judgment dated 14.10.2004 and order dated 15.10.2004, passed by the Presiding Officer, Additional Court (Fast Track), Munger, Bihar, in Sessions Trial No. 571 of 1982, sentenced Respondent No. 1 Ranjit Kumar to capital punishment (death sentence) Under Section 366(1) of the Code of Criminal Procedure, 1973 ("Cr.P.C.", for short) and these appeals arise out of the same judgment and order. The High Court after dealing with the said matter acquitted the Respondents herein, allowed the appeals and the death reference was answered in the negative. Before we deal with the matter in question, we must record that during the pendency of these appeals before this Court, the Respondent Satya Narayan Prasad has already expired on 12th January, 2015. The Appellant did not dispute the said fact and hence the appeal against the said Satya Narayan Prasad has abated.

(2.) Facts of this case, briefly stated, are as follows. According to the prosecution, on 23.3.1982 at 1530 Hrs., the deceased Bitten Sonar and his son Rajesh Sonar were proceeding homewards to take their meals and as they reached in front or the house of one Kamla Babu, an altercation in front of the shop of one Maya took place between Bitten and Rajesh on the one hand, and Satya Narayan Prasad and his four sons, namely, Rajesh Kumar, Arun, Anand and Ranjit, on the other hand, and as a consequence thereof Satya Narayan Prasad brought out a gun from his shop, handed over to his son Ranjit and told him to shoot, whereupon the accused persons started assaulting Bitten Sonar and Rajesh Sonar with a weapon, like a small axe. Thereafter, Ranjit fired at Bitten with his gun killing him at the spot and Arun poured acid from a bottle on the face of Bitten. Rajesh son of Bitten started fleeing whereupon Ranjit fired at Rajesh who also died at the spot. The further case of the prosecution is that the informant Tarni Prasad and deceased Bitten had enmity with Satya Narayan Prasad in respect of a shop, a suit wherefore was pending in the Court of Subordinate Judge and, allegedly, this also happened to be the motive for the occurrence. On the basis of such facts, Jamal Pur P.S. Case No. 64 of 1982 Under Sections 147, 148, 149, 302 I.P.C. as also Section 27 of the Arms Act was instituted against accused Satya Narayan Prasad and his four sons. Investigation of the case was taken up by S.I. Ashok Kumar Das (P.W. - 10). He inspected the place of occurrence, got inquest report of Bitten Sonar and Rajesh Sonar prepared (Exts. 5 and 5/A) by A.S.I. Suraj Deo Jha, who also prepared the seizure lists (Exts. 4, 4/A and 4/B) of the several articles seized from the place of occurrence. The dead bodies of Bitten and Rajesh were sent for post-mortem examination which was done by Dr. B.N. Singh (P.W. 11). Thereafter, S.I. Ashok Kumar Das handed over charge of the investigation to Inspector Ram Lakhan Prasad (P.W. 9), who completed the investigation and submitted the charge-sheet against the aforesaid five persons. Charges were framed by the Sessions Court Under Sections 148 and 302 of I.P.C. as also Section 27 of the Arms Act against accused Ranjit Kumar.

(3.) It should be mentioned here that for the same occurrence Jamal Pur P.S. Case No. 63 of 1982 was registered on the statement of Ranjit Kumar, son of Satya Narayan Prasad. The alleged facts, according to this case, are that Satya Narayan Prasad and his younger brother who were sitting in the utensil shop situated by the side of the jewellery shop. Bitten Sonar along with his two sons and two others, entered into the shop of Satya Narayan Prasad and started abusing them, whereas one person assaulted Satya Narayan Prasad causing injury to him, following which Bitten and his son Rajesh started looting the jewellery shop at the point of country made pistol. In the meantime, Arun the younger brother of Ranjit Kumar, brought out a gun and handed it to Satya Narayan Prasad, but as Bitten and his son Rajesh started fleeing along with the looted jewellery, Rajesh and his brother started snatching the jewellery from them, when his father fired gunshot causing injury to Bitten and his son Rajesh, who after fleeing for some distance, fell down on the road and died. A loaded country made pistol was found inside the shop of Satya Narayan Prasad.