The statement of injured witnesses has greater evidentiary value unless compelling reasons exist: SC

In the facts and circumstances of the case, no error has been committed by the courts below for convicting the accused under Section 323 of Indian Penal Code, 1860. The prosecution have examined the independent witnesses and injured witnesses and proved that the accused person was present and participated and committed the offences. The accused were the members of the unlawful assembly and common intention to snatch the voters list and to cast bogus voting; they are punishable under section 147 of Indian Penal Code, 1860.

LAKSHMAN SINGH V. STATE OF BIHAR

Criminal Appeal No. 606 of 2021

With

SHIV KUMAR SINGH & OTHERS ETC. V. STATE OF BIHAR

Criminal Appeal Nos. 630-631 of 2021

July 23, 2021

In this case, the FIR was lodged by the information on alleging that he was issuing slips to the voters and accused were armed with lathis, sticks, country made pistols and asked him to stop issuing voter slips and handover the voters list and he refused to hand over the voters list so the hurt with weapons. The informant’s brother came to rescue and the accused fired gun shot at PW10 and PW12. It was alleged that due to scuffle, the accused snatched the wrist watches of PW8 & PW10. The villagers rushed to rescue and the accused run away.

The FIR was registered and 16 accused men was arrested of the offences under section 147, 148, 149, 307, 326, 324, 323 of Indian Penal Code, 1860 and section 27 of the Arms Act. After conclusion of the investigation, the investigating officer filed charge sheet against 15 accused including the appellants. The learned trial Court framed the charge against the accused persons for the offences been occurred. The Trial Court decided after hearing on all witnesses and convicted the appellants under section 323 and 147 of Indian Penal Code, 1860 and sentenced to undergo six months simple imprisonment. The accused Dinanath Singh for the offences under Sections 326 & 148 of Indian Penal Code, 1860 and sentenced him to undergo seven years and two years rigorous imprisonment respectively. The accused Ajay Singh for the offences under Sections 324 & 148 of Indian Penal Code, 1860 and sentenced him to undergo three years & two years rigorous imprisonment respectively. The accused has preferred an appeal before the High Court and the High Court has confirmed the judgment and order of conviction and sentence passed by the Trial Court. The accused is not satisfied with the judgment of the High Court and preferred the present appeal.

On hearing the contention of both the parties. It is found that High Court has not discussed the entire evidence while deciding the order of conviction. The Supreme Court has relied on entire evidence on record and the findings of the Trial Court. The court relied upon the eyewitnesses and injured witnesses have fully supported the case.

In the case of Ramvilas, it is held that “evidence of injured witnesses is entitled to a great weight and very cogent and convincing grounds are required to discard their evidence”. It is further observed that “being injured witnesses, their presence at the time and place of occurrence cannot be doubted”.

In the facts and circumstances of the case, no error has been committed by the courts below for convicting the accused under Section 323 of Indian Penal Code, 1860. The prosecution have examined the independent witnesses and injured witnesses and proved that the accused person was present and participated and committed the offences. The accused were the members of the unlawful assembly and common intention to snatch the voters list and to cast bogus voting; they are punishable under section 147 of Indian Penal Code, 1860.

In the case of Mahadev Sharma, every member of the unlawful assembly is guilty of the offence of rioting even though he may not have himself used force or violence.

There is no reason to doubt the credibility and trustworthiness of PW1, PW3 & PW4 and more particularly PW5, PW8 & PW10, who are the injured witnesses. All the witnesses are consistent in their statements and they have fully supported the case of the prosecution. The appellants are rightly convicted under Sections 323 and 147 IPC and sentenced to undergo six months simple imprisonment only for the said offences.

The appeal is said to be dismissed.

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Shantha Gopika R