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Patna High Court Affirms Life Imprisonment for Murder and Attempt to Murder Under Sections 302/307 Read with Section 34, Rejecting Defence of Contradictions and Absence of Injury Reports, Emphasising Eyewitness Credibility in a Double Murder Involving Prior Hostilities

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Court’s Decision

The Patna High Court dismissed the criminal appeals and affirmed the conviction of the appellants under Sections 302/34 and 307/34 IPC and Section 27 of the Arms Act, upholding the life sentences and other punishments imposed by the Fast Track Court, Nalanda. The court held that the prosecution had proved the case beyond reasonable doubt, relying on credible eyewitness and medical evidence, and rejected arguments regarding inconsistencies and defective investigation.


Facts

The incident occurred on 4 July 2006 during a village puja. The informant and family members were sitting outside their home when the accused, armed with firearms, arrived, demanding compromise in a prior murder case. Upon refusal, they opened indiscriminate fire, killing Panchayat Sevak Suresh Yadav instantly and another relative, Shrawan Yadav, shortly thereafter, while injuring three others, including the informant’s grandfather. A FIR was registered, and after investigation, charges under Sections 302/34, 307/34 IPC, and Section 27 Arms Act were framed. The Fast Track Court convicted and sentenced the accused to life imprisonment, leading to these appeals.


Issues


Petitioner’s Arguments

The appellants argued:


Respondent’s Arguments

The State argued:


Analysis of the Law

The court analysed:


Precedent Analysis

The court referenced:


Court’s Reasoning

The court found:


Conclusion

The Patna High Court dismissed the appeals, upholding the conviction and sentences under Sections 302/34, 307/34 IPC, and Section 27 of the Arms Act, reiterating the prosecution proved the case beyond reasonable doubt based on credible injured eyewitness testimonies, consistent medical evidence, and established motive, dismissing claims of contradictions and procedural lapses.


Implications


Short notes on cases referred and relevance

FAQs

1. Can convictions be upheld despite minor contradictions in witness statements?
Yes, if the core prosecution case remains credible, minor contradictions do not affect the conviction.

2. Does procedural lapse in FIR registration invalidate a criminal trial?
No, unless the lapse prejudices the defence or impacts the fairness of the trial.

3. What establishes liability under Section 34 IPC in murder cases?
Common intention inferred from collective actions and participation in the assault establishes liability under Section 34.

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