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State of Bihar Vs. Brahmdeo Prasad and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberCriminal Appeal No. 264 of 1973
Judge
Reported inAIR1980SC551; 1980CriLJ406; (1980)3SCC411; 1980(12)LC456(SC)
ActsIndian Penal Code (IPC) - Sections 149 and 302
AppellantState of Bihar
RespondentBrahmdeo Prasad and ors.
Excerpt:
criminal - identification - section 9 of indian evidence act, 1872 and sections 149 and 302 of indian penal code, 1860 - appeal against acquittal of accused charged under sections 302/149 - high court acquitted accused on ground that identification of accused not free from doubt - high court has given cogent reasons for not acting upon identification of witnesses - no reason to interfere with view taken by high court - appeal dismissed. - - there were other set of witnesses who failed to identify the respondent at a t i. singh argued the case with great vehemense, yet after going through the judgment of the high court and sessions judge, we are satisfied that it cannot be said in the circumstances that the view taken by the high court was not reasonably possible......the charges framed against them.2. the respondents were convicted by the 3rd additional sessions judge, patna under section 302/149 indian penal code and also other sections of i.p.c. as the sessions judge had sentenced brahmdeo prasad and had lal prasad to death, a reference was made to the high court for the confirmation of the sentence of death.3. the facts of the case have been detailed in the judgment of the high court and it is not necessary to repeat the same.4. mr. d.p. singh, counsel appearing for the state took us through the judgment of the high court as also to the evidence of the main identifying witnesses. the high court has detailed the infirmities which were found in the identification of the accused and has acquitted the respondents mainly on the ground that the.....
Judgment:

S. Murtaza Fazal Ali, J.

1. This appeal by special leave is directed against the judgment of the Patna High Court dated 19-3-1973 acquitting the respondents of the charges framed against them.

2. The respondents were convicted by the 3rd Additional Sessions Judge, Patna under Section 302/149 Indian Penal Code and also other sections of I.P.C. As the Sessions Judge had sentenced Brahmdeo Prasad and Had Lal Prasad to death, a reference was made to the High Court for the confirmation of the sentence of death.

3. The facts of the case have been detailed in the judgment of the High Court and it is not necessary to repeat the same.

4. Mr. D.P. Singh, Counsel appearing for the State took us through the judgment of the High Court as also to the evidence of the main identifying witnesses. The High Court has detailed the infirmities which were found in the identification of the accused and has acquitted the respondents mainly on the ground that the identification of the accused was not free from doubt. Admittedly the occurrence took place during night and all the identifying witnesses appeared to have seen the accused from quite a long distance. Some of item did not know the accused and identified them in the Court for the first time. Other witnesses who know the accused did not disclose their names before the S.D.O at the first opportunity. There were other set of witnesses who failed to identify the respondent at a T I. Parade and identified them for the first time by face in the Court. The High Court has in a very scientific fashion categories to the identification of witnesses and given cogent reasons for not setting upon the identification of witnesses. Although Mr.Singh argued the case with great vehemense, yet after going through the judgment of the High Court and Sessions Judge, we are satisfied that it cannot be said in the circumstances that the view taken by the High Court was not reasonably possible. In fact, on the other hand, we find ourselves in complete agreement with the view taken by the High Court in the facts and circumstances of the case.

5. In the above circumstances, the appeal fails and is therefore dismissed.


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