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In this case of PRABHASH KUMAR SINGH VERSUS THE STATE OF BIHAR (NOW JHARKHAND), Both the appellants were tried and convicted for committing murder of one Ashok Rewani (the deceased victim) on 22nd January, 1993. The Trial Court convicted the surviving appellant under Section 302 of the Indian Penal Code, 1860 (the Code) and sentenced to undergo imprisonment for life. We shall henceforth refer to him as the appellant only in this order. Conviction of the deceased appellant was under Section 302/109 of the Code and he was also ordered to undergo the same sentence.
The High Court of Jharkhand confirmed the judgment of the Trial Court as also the order of sentence. Therefore the appellants filed an appeal in the Supreme court challenging the decision of the Trial Court and the High Court of Jharkhand. In this case the deceased victim on the night of occurrence went by a two wheeler to the said chawk and was having tea at that time along with P.W. 3, one Nun Chand Rewani and Rupesh KumarRewani (P.W.1), nephew of the deceased victim. The former was also a relative of the deceased victim. At the same time, as it transpires from evidence, the second appellant (since deceased) had reached the spot and started abusing the deceased victim. On protest by the latter, the surviving appellant was called and was exhorted to kill the deceasedvictim. The surviving appellant then took out a pistol and shot at deceased victim. Injury was caused to his chest and he fell down.
Thereafter, the present appellant fired another shot while escaping from the spot. On completion of investigation, charge sheet was submitted against both the accused persons under sections 302/34 of the Code. Charge was framed against the appellants for committing offence under the aforesaid sections and in the case of deceased appellant, charge under section 109 of the Code was added. Five witnesses were examined by the prosecution, among whom P.W. 1, P.W. 2 and P.W. 3 were witnesses of fact. The I.O. and the autopsy surgeon, Dr. Satya Narain Lal (P.W. 5) were also examined. The Trial Court found both of them guilty. Stand of both the accused persons in response to their examination under Section 313 of the Code of Criminal Procedure was that of general denial.
The Supreme Court after scrutinizing the facts held that as there is clear eyewitness account of the incident and none of the two eyewitnesses could be shaken during cross-examination and they had stuck to the recollection of the facts relating to the incident, the mere fact that the weapon of assault or the bullet was not recovered cannot demolish the prosecution case. The appeal was accordingly dismissed, and the judgment and order of Trial Court sustained by the High Court is confirmed. Accused bail bonds were cancelled and he was directed by the court to surrender within four weeks from today, failing which the Trial court shall take necessary steps so that he undergoes the sentence.
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