CASE BRIEF: JAI NARAIN MISHRA v. STATE OF BIHAR, (1971) 3 SCC 762

CASE NAME	Jai Narain Mishra v. State of Bihar, (1971) 3 SCC 762
CITATION	AIR 1972 SC 1764, 1973 (0) BLJR 241, 1972 CRI LJ 469,1972 (4) UJ 183 (SC), 1972 SCD 14
COURT	Supreme Court of India
BENCH	Hon’ble Justice A. N. Ray and Justice D.G. Palekar
APPELLANT	Jai Narain Mishra and Others
RESPONDENT	State of Bihar
DECIDED ON	3rd November 1971

INTRODUCTION

A violent altercation resulting from a protracted property dispute in Bareja village is at the center of the case of Jai Narain Mishra and Ors. vs. State of Bihar, which was determined on November 3, 1971. Shyamdutt Tiwari and his co-sharers (the Tiwaris) owned the land in question, Plot No. 1187, even though a previous court decision had held that the Mishras were not bound by the property’s alienation by a widow, Gharbharna Kaur, in favor of the Tiwaris, following her death. The appellants, who are members of the Mishra family, tried to remove the wood the next morning after Shyamdutt chopped down an old tree on the contested ground for fuel on March 31, 1965.

A heated argument became violent until Shyamdutt and his fellow shareholders stepped in. Shyamdutt was reportedly severely injured in the head, knee, chest, and hip by the appellants’ alleged armed attack. Other members of the Mishra family are also accused of assaulting his nephew Girdhar, who arrived at the scene later. After being admitted to the hospital in critical condition, Shyamdutt made a recorded dying declaration. Ten defendants were charged with rioting and assault under Sections 147, 148, 323, 324, 326, 307, and 109 of the Indian Penal Code (IPC) after a formal complaint was filed and investigations were conducted.

Due to insufficient evidence, the trial court acquitted all ten accused; nevertheless, the State successfully appealed to the Patna High Court, which reversed the acquittal and found six appellants guilty. The High Court considered witness testimony, medical evidence, and the dying declaration to reach its decision. In the Supreme Court, the appellants contested their conviction, citing inconsistent evidence and raising concerns about the appropriateness of reversing an acquittal. Important topics in criminal jurisprudence are brought to light by the case, especially those pertaining to property disputes, the use of lethal force, and appellate interference in acquittals.

FACTS OF THE CASE

Plot No. 1187 in Bareja village, which belonged to Shyamdutt Tiwari (PW 11) and his fellow shareholders, the Tiwaris, was the source of the conflict. The Mishras’ appellants claimed the land as their own based on a 1944 ruling that said the widow Gharbharna Kaur’s alienation of the tract to the Tiwaris was not legally binding on the Mishras upon her passing. The Tiwaris retained control despite the decision.

Shyamdutt felled an ancient tree on the property for fuel on March 31, 1965. He found out the next morning that the Mishras were trying to gather the wood. An altercation broke out when he and his other shareholders stepped in. Shyamdutt was allegedly attacked by the appellants using concealed weapons after one of them, Jai Narain, gave the order. A bhala (spear) that Kashi Naresh threw at Shyamdutt barely missed him. Mandeo wounded his head with a farasa (axe), Suraj stabbed him in the breast with a bhala, Balram attacked him in the leg with a bhala, and Satya Narain wounded him on the hip. Shyamdutt was transported to Chapra Hospital with severe injuries.

Other Mishras who had taken the appellants’ place allegedly attacked Girdhar, Shyamdutt’s nephew, when he arrived on the scene. A Magistrate recorded Shyamdutt’s dying declaration after Dr. Mishra (PW 10) at the hospital determined that his condition was life-threatening. The Sub-Inspector later documented his statement, and a First Information Report (FIR) was submitted. Investigations were also conducted on Girdhar’s injuries.

The defendant refuted the accusations, claiming that Shyamdutt and Girdhar’s altercation was the cause of the injuries. Because there was insufficient evidence, the trial court cleared all ten of the accused. However, this appeal before the Supreme Court resulted from the High Court convicting six appellants after an appeal.

ISSUES RAISED

Whether the conviction by the High Court of Appellants is proper?

ARGUMENTS FROM BOTH SIDES

Arguments on behalf of the appellant

The counsel contented that learned Assistant Sessions Judge believed that the evidence was insufficient, hence the High Court shouldn’t have been involved in the acquittal.
The defense contended that the dying declaration was produced under duress and could not be regarded as definitive proof, casting doubt on its veracity and authenticity. Additionally, they drew attention to discrepancies between Shyamdutt’s pre- and post-hospitalization comments.
The defense highlighted the trial court’s ruling to acquit all ten accused due to insufficient evidence, contending that the High Court had incorrectly reversed the acquittal without adequately addressing the prosecution’s case’s flaws, such as the lack of credible eyewitness testimony.

Arguments on behalf of the respondent

According to the prosecution, the argument between Shyamdutt and the appellants swiftly turned violent, and the appellants purposefully used weapons like axes and bhalas (spears). Charges under Section 307 of the IPC supported the appellants’ purpose to inflict grievous hurt, which was indicative of an attempt to murder, as evidenced by the type and position of Shyamdutt’s injuries (head, chest, and hip).
The prosecution highlighted the veracity of Shyamdutt’s final statement, which was captured on tape by a magistrate soon after the attack. He unambiguously named the appellants as the assailants. Because it was made while Shyamdutt was in serious condition and was thought to be an honest and trustworthy account of the incident, the deathbed declaration was crucial.

JUDGMENT

The Court determined that Keshav Prasad’s testimony and Shyamdutt’s evidence, backed up by the dying declaration (Exhibit 7), were trustworthy and the foundation for the appellants’ conviction. According to the Court, the appellants’ unlawful gathering with the shared goal of attacking Shyamdutt qualified as a riot under Section 148 IPC. In accordance with Section 307 IPC, the Court also found the appellants guilty of attempting to kill Shyamdutt; however, it pointed out that, except for Suraj’s severe chest damage, the injuries were not necessarily life-threatening.

The court changed some appellants’ convictions. Suraj Mishra was found guilty under Section 326 IPC rather than Section 307 IPC for causing chest harm, and his sentence was lowered to three years of hard labor. Mandeo’s sentence was lowered to two years of hard imprisonment after he was found guilty under Section 324 IPC. Jainarain was sentenced to two years of severe jail after being found guilty of aiding and abetting the attack under Section 324 IPC read with Section 109 IPC. Balram was sentenced to a year of harsh prison after his conviction under Section 323 IPC was affirmed.

The High Court ruled that the two assaults on Girdhar were related and resulted from the same series of events, which supported the prosecution of all defendants in the case.

As a result, the appeal was denied, and Suraj, Mandeo, and Jainarain’s convictions and penalties were changed as previously stated. The other defendants’ acquittals were maintained.

CONCLUSION

The Patna High Court reversed the Assistant Sessions Judge’s acquittals in the case of Jai Narain Mishra And Ors. vs. State of Bihar, finding the appellants guilty of their involvement in the attack on Shyamdutt Tiwari. The defense contended that the evidence was faulty, especially the testimony of people who claimed to have been eyewitnesses but were not at the incident and the shaky evidence of Girdhar’s assault. Notwithstanding these reservations, the High Court thoroughly considered the material. It determined that Shyamdutt’s testimony and his final declaration (Exhibit 7) were reliable and in line with the extent of his injuries.

The Court convicted the appellants of rioting under Section 148 IPC after concluding that they had organized an illegal assembly with the shared goal of attacking Shyamdutt. Although Suraj Mishra’s charge was dropped from Section 307 to Section 326 IPC because the injury was severe but not necessarily life-threatening, the appellants were nevertheless found guilty of attempted murder under Section 307 IPC.

Based on each appellant’s unique involvement, the court changed their sentences: Suraj received a three-year sentence for causing grievous injury, Mandeo received a reduced sentence of two years under Section 324 IPC, and Jainarain’s conviction under Section 324 IPC was upheld with a two-year sentence. Balram was found guilty of causing minor injuries under Section 323 IPC, and his conviction was upheld. Additionally, the Court determined that the episodes involving Girdhar and Shyamdutt were related, supporting the prosecution’s decision to try all the defendants simultaneously. The ruling emphasizes how crucial it is to thoroughly examine the evidence and ensure that convictions and penalties are suitable given the seriousness of the crimes committed. The ultimate ruling struck a compromise between holding the appellants responsible and imposing appropriate penalties for their separate contributions to the offense.