BEHARI PRASAD ETC. ETC. versus STATE OF BIHAR

BEHARI PRASAD ETC. ETC. versus STATE OF BIHAR

Conviction and sentence for murder and related offences are upheld based on credible evidence of injured and eye witnesses present at the scene, prompt FIR naming the accused, and corroboration by medical evidence; mere close relationship with the deceased does not discredit witnesses, and non-examination of the Investigating Officer does not by itself vitiate the trial.

Parties
Appellant: Behari Prasad; Appellant: Udai Prasad; Appellant: Parameswar Prasad; Appellant: Sheoji Prasad; Respondent: State of Bihar
Jurisdiction
India
Judgment Date
09 January 1996
Procedural Posture
Criminal Appeal / Final Hearing Before Supreme Court; Appeal From Patna High Court Judgments Affirming Conviction and Sentence
Outcome
Appeals dismissed; conviction and sentences affirmed.
Legal Topics
Murder, Unlawful Assembly, Common Object, Common Intention, Appreciation of Evidence, Failure to Examine Investigating Officer
Criminal Law Murder Unlawful Assembly Common Object Common Intention Appreciation of Evidence Failure to Examine Investigating Officer

Case Brief

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Parties

Behari Prasad

Appellant

Udai Prasad

Appellant

Parameswar Prasad

Appellant

Sheoji Prasad

Appellant

State of Bihar

Respondent

Procedural Posture

Criminal Appeal / Final Hearing Before Supreme Court; Appeal From Patna High Court Judgments Affirming Conviction and Sentence

Legal Issues

  1. 1 Whether conviction for murder and related offences can be sustained on the testimony of alleged partisan witnesses and despite non-examination of the Investigating Officer
  2. 2 Whether non-examination of Investigating Officer vitiates criminal trial
  3. 3 Whether the accused were members of unlawful assembly with common object/intent to commit murder

Ratio Decidendi

Conviction and sentence for murder and related offences are upheld based on credible evidence of injured and eye witnesses present at the scene, prompt FIR naming the accused, and corroboration by medical evidence; mere close relationship with the deceased does not discredit witnesses, and non-examination of the Investigating Officer does not by itself vitiate the trial.

Court Disposition

Appeals dismissed; conviction and sentences affirmed.

Orders

  • Appellants released on bail are to be taken into custody to serve out sentence.