VidhiSangh

Supreme Court of India · 18/08/2023

HARENDRA RAI versus THE STATE OF BIHAR & ORS.

[2023] 11 S.C.R. 403 · 2023 INSC 738

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Summary

In an exceptional case of documented witness intimidation and subversion of trial, the Court reversed Prabhunath Singh’s acquittal and convicted him of murder and attempted murder. It relied on the deceased informant’s statement as a dying declaration, the mother’s trustworthy eyewitness testimony and the accused’s subsequent conduct. The other accused’s acquittals were left undisturbed; sentence was reserved for a separate hearing.

Issues

  1. Whether the Court could notice findings in the connected habeas corpus judgment concerning trial interference.
  2. Whether the unexhibited FIR and the mother’s testimony could be relied on despite deliberate prosecution failures.
  3. Whether the evidence proved the main accused’s guilt and implicated the remaining accused.

Provisions considered

Held

Result

Prabhunath Singh’s acquittal reversed; convicted under Sections 302 and 307 IPC. Other accused’s acquittals undisturbed. Bihar Home Secretary and Director General of Police directed to secure his immediate custody and production before the Court on 1 September 2023 for hearing on sentence; no sentence imposed in this judgment.

Judgment PDF: Supreme Court of India, [2023] 11 S.C.R. 403.