ARJUN MARIK AND ORS. versus STATE OF BIHAR

ARJUN MARIK AND ORS. versus STATE OF BIHAR

On re-appreciation the prosecution failed to prove the offences beyond reasonable doubt because of serious infirmities: the fard-beyan/FIR and Roznamcha entry timings were inconsistent and possibly recorded after a clandestine raid and seizure; the exact detailed description and later identification of articles and currency was inherently improbable and unexplained; witnesses were interested and their accounts contained improvements and inconsistencies; there was unexplained delay in sending the FIR to the Magistrate and in test identification; and given the crowding of the locality the possibility of other perpetrators could not be excluded — therefore concurrent findings were manifestly...

Parties
Appellant: Arjun Marik; Appellant: Mulo Marik; Appellant: Bansi Marik; Respondent: State of Bihar
Jurisdiction
India
Judgment Date
02 March 1994
Procedural Posture
Criminal Appeal / Appeal to the Supreme Court Against Patna High Court Confirmation of Conviction and Death Sentence (death Reference/criminal Appeal)
Outcome
Appeals allowed; convictions and sentences set aside; appellants acquitted
Legal Topics
Murder, Robbery, Death Sentence, Circumstantial Evidence, FIR Delay and Transmission to Magistrate (section 157 Cr.p.c.), Seizure and Test Identification of Articles, Interested Witnesses, Concurrent Findings on Appeal
Criminal Law Evidence Murder Robbery Death Sentence Circumstantial Evidence FIR Delay and Transmission to Magistrate (section 157 Cr.p.c.) Seizure and Test Identification of Articles +2 more

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Parties

Arjun Marik

Appellant

Mulo Marik

Appellant

Bansi Marik

Appellant

State of Bihar

Respondent

Procedural Posture

Criminal Appeal / Appeal to the Supreme Court Against Patna High Court Confirmation of Conviction and Death Sentence (death Reference/criminal Appeal)

Legal Issues

  1. 1 Whether the conviction based on circumstantial evidence was sustainable
  2. 2 Whether the FIR and fard-beyan were recorded promptly and transmitted to the Magistrate as required by Section 157 Cr.P.C.
  3. 3 Reliability of recovery, seizure and later identification of articles and cash

Ratio Decidendi

On re-appreciation the prosecution failed to prove the offences beyond reasonable doubt because of serious infirmities: the fard-beyan/FIR and Roznamcha entry timings were inconsistent and possibly recorded after a clandestine raid and seizure; the exact detailed description and later identification of articles and currency was inherently improbable and unexplained; witnesses were interested and their accounts contained improvements and inconsistencies; there was unexplained delay in sending the FIR to the Magistrate and in test identification; and given the crowding of the locality the possibility of other perpetrators could not be excluded — therefore concurrent findings were manifestly...

Court Disposition

Appeals allowed; convictions and sentences set aside; appellants acquitted

Orders

  • Appeals allowed
  • Judgments of the two Courts below convicting the appellants under Sections 302, 394 and 411 IPC and imposing sentences including death are set aside