Facts
The case originated from a G.D. entry on June 12, 1986, after a Village Chowkidar reported a half-burnt body in Nandan's grove.
Source reference: para. 2The prosecution alleged that on June 11, 1986, the appellants (Kedar, Bahadur, and Chunubad) and others abducted the deceased, Sahendrapal, at gunpoint from his brick-kiln due to a dispute over crop damage.
Source reference: para. 5Eye-witnesses PW-3 (Rajesh) and PW-4 (Bhola) claimed to have chased the abductors for over a kilometer, witnessed them shoot Sahendrapal, and saw Kedar set the body on fire.
Source reference: para. 5, 20The Trial Court (1st Additional Sessions Judge, Banda) convicted the appellants under Sections 148, 364, 302, and 201 of the IPC.
Source reference: para. 1, 15Pending appeal, Kedar and Bahadur died, leaving Chunubad as the sole appellant.
Source reference: para. 17Issues
1. Whether the testimonies of PW-3 and PW-4, being related and "interested" witnesses with a history of family animosity, could be relied upon without independent corroboration
Source reference: para. 282. Whether the failure of the prosecution to examine independent witnesses (Mahesh and Raj Karan) who were allegedly present at the scene warrants an adverse inference
Source reference: para. 303. Whether the prosecution proved the guilt of the appellant beyond a reasonable doubt given the implausible conduct of the witnesses
Source reference: para. 36-39Law Applied
Section 302 (Murder), 364 (Abduction), 201 (Disappearing evidence), and 148 (Rioting) of the IPC.
Source reference: para. 11Evidentiary principle regarding "interested witnesses," requiring careful scrutiny and corroboration when malice is established.
Source reference: para. 28Section 114, Illustration (g) of the Indian Evidence Act (now Section 481 BNSS), regarding adverse inference for withholding material witnesses, as discussed in Karam Veer v. State and Takhaji Hiraji v. Thakore Kubersing Chamansing.
Source reference: para. 31The "Proof Beyond Reasonable Doubt" standard as articulated in Datar Singh v. State of Punjab.
Source reference: para. 37Reasoning
The Court found that PW-3 and PW-4 were "interested witnesses" due to a deep-seated history of cross-murders between their family and the appellants.
Source reference: para. 26-28Their account was deemed "incredible" because it was highly improbable that unarmed witnesses would follow eight gun-wielding men for a kilometer after being threatened with death, or that the offenders would allow such witnesses to trail them and watch the crime.
Source reference: para. 33-34The Court noted that despite the presence of independent witnesses like Mahesh and Raj Karan, the prosecution failed to examine them, leading to an adverse inference that their testimony would have been unfavorable.
Source reference: para. 31Furthermore, the witnesses’ failure to report the crime until the police arrived the next day, despite having access to resources in the village, suggested they were not actually present at the scene.
Source reference: para. 35-36Holding
The Court answered the issues in the negative, holding that the prosecution failed to meet the criminal standard of proof.
The Court set aside the conviction, extending the benefit of doubt to the sole surviving appellant, Chunubad. The appellant was acquitted of all charges, his bail bonds were cancelled, and he was directed to execute a personal bond under Section 481 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 437-A Cr.P.C.).
Source reference: para. 40-41Original Court PDF
Kedar and othersvsState
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