VidhiSangh

Supreme Court of India · 03/10/2024

RAMA DEVI versus THE STATE OF BIHAR AND OTHERS

[2024] 10 S.C.R. 1313 · 2024 INSC 755

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Summary

In the 1998 shooting of a Bihar legislator and his police bodyguard at a Patna hospital, the Supreme Court partly reversed the High Court's acquittal of all accused. It restored the trial court's murder and attempt-to-murder convictions and life sentences for two accused identified by credible eyewitnesses. The acquittal of the alleged conspirators was upheld because the conspiracy evidence was weak, and one accused got the benefit of doubt because the eyewitnesses differed on whether he was there.

Issues

  1. Whether the High Court rightly rejected the eyewitnesses because of their relationship with the deceased, a witness's criminal antecedents, contradictions, partial hostility and lapses in hospital visiting protocol.
  2. Whether delay in forwarding the FIR to the jurisdictional Magistrate and alleged ante-timing of the FIR made the prosecution case doubtful.
  3. Whether non-recovery of the weapons and vehicles, and the eyewitnesses' silence about the bodyguards' return fire, undermined the eyewitness account.
  4. Whether the charge of criminal conspiracy against the other accused was proved.
  5. Whether the attempt-to-murder charge for the injury to a bystander was proved.

Provisions considered

Held

Result

Appeals partly allowed. Conviction of two accused under Sections 302 and 307 read with Section 34 IPC restored, with life imprisonment and a fine of Rs. 20,000 each, plus five years' rigorous imprisonment and a fine of Rs. 20,000 each, to run concurrently. Section 428 CrPC applies; six months' rigorous imprisonment in default of each fine; surrender within two weeks. Acquittal of five others upheld; appeals against deceased accused abated.

Judgment PDF: Supreme Court of India, [2024] 10 S.C.R. 1313.