LexGURJA BEDIA AND ORS. versus STATE OF BIHAR
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GURJA BEDIA AND ORS.
v.
STATE OF BIHAR
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AUGUST 1, 1990
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[KULDIP SINGH, P.B. SAWANT AND
M. FATHIMA BEEVI, JJ.]
Indian Penal Code: ss. 34, 302 & 394-/dentity of assailants-
Testimony of P.W. suffering from serious infirmities casting reasonable -"
doubt-Benefit of doubt to be given to accused-Appellants acquitted.
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The appellants were convicted for offences nuder ss. 302, 394 and
34 IPC. They were alleged to have entered the house of the deceased at
midnight and attacked ·him and his wife, PW 14; with sharp edged
weapons. He sustained fatal Injuries and died instantaneously. His wife -· ,, '
was injured. Their two sons ran to the house of uncle PW-1, at a
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distance to inform him of the incident. They had not seen the assailants.
By the time PW-1 reached the scene the assailants had fled. He had been
in the house the whole night and contacted all the concerned persons. In
the FIR that he lodged at about 10 a.m. the next morning the assailants
were not named.
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The prosecution case was that the appellants had committed the
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crime on account of enmity. PW-14, who claimed to be an eye witness,
deposed that she had identified the appellants. She also stated that she
became unconscious and regained consciousness only the next day when
the police arrived. PW-I supported her version.
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The trial court accepted the testimony of PW-14. The High Court
agreed with it.
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In this appeal by special leave, it was contended for the appellants
that if PW-14 had identified the assailants, it would have been possible
for PW-1 to disclose the identity of the accused at the thpe the first
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information report was lodged, and. that the prosecution had intro-
duced the theory of unconsciousness of PW-14 only in an attempt to
explain away the lacuna.
Allowing the appeal, the Court,
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HELD:!. It is not safe to sustain the conviction when there is
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GURJA BEDIA v. STATE OF BIHAR [FATHIMA BEEVI, J]
573
reasonable donbt regarding the participation of the appellants in the
crime. The benefi! of doubt must necessarily go to them.
2. The statement of PW-I at the earliest point of time belies the
truth of what he had deposed before the court. He had been categoric in
the FIR that he had made enquiries with the wife and sons of the
deceased before proceeding to the police station and asserted that five
or six unknown persons had committed the crime. He had also stated
that details could be furnished by the widow and sons of the deceased.
This affirmed that he could not gather any useful information regarding
identity of the assailants. All the same, in cross examination he sup-
ported the version of PW-14 that she was lying unconscious when he
reached the house at night and she narrated the incident aner regaining
consciousness when the police reached there. It clearly indicates that an
attempt had been made by the prosecution to introduce the case of
unconsciousness of PW-14 to explain the infirmity. [576F; GI
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3. The circumstance that the identity of the assailants was
unknown until the police arrived at the scene showed that PW-14 or her
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children bad not identified the assailants at the time of the occurrence.
The courts below have failed to appreciate her evidence in the correct
perspective in the light of the clinching evidence. [5768]
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CRIMINAL APPELLATE JURISDICTION: Criminal Appeal
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From the Judgment and Order dated 9.11.1977 of the Patna High
Court in Criminal Appeal No. 332 of 1971.
J.M. Khanna for the Appellants.
D. Goburdhan for the Respondent.
The Judgment of the Court was delivered b.y
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FA THIMA BEEVI, J. This appeal by special leave is directed
against the judgment and order dated 9 .11.1977 of the High Court °Of
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Patna whereby the conviction and sentences of the appellants for the
offences under Sections 302, 394 and 34, I.P.C., have beeen confirmed.
The three appellants are brothers. The deceased, Bigna Bedia,
lived with his wife Sohagia Bedia and sons in village Karmatola. The
incident happened on the night of 5/6.9.1968. Bigna was sleeping
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SUPREME COURT REPORTS
[1990] 3 S.C.R.
along with his son Jhalku in the verandah while Sohagia was sleeping
along with Malku on cot. At about midnight, the intruders entered the
house by cutting the tatti and attacked Sohagia and her husband. Binga
Bedia sustained fatal in juries and died instantaneously. Sohagia was
injured. The intruders took awaExcerpt shown. Read the full judgment & AI analysis in Lexace.