{"id":248679,"date":"2021-05-25T18:00:56","date_gmt":"2021-05-25T12:30:56","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=248679"},"modified":"2021-06-04T12:11:41","modified_gmt":"2021-06-04T06:41:41","slug":"pat-hc-after-22-years-of-barbarous-senari-massacre-the-court-hands-clean-chit-to-13-accused-hc-reverses-trial-courts-order-of-death-sentence","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2021\/05\/25\/pat-hc-after-22-years-of-barbarous-senari-massacre-the-court-hands-clean-chit-to-13-accused-hc-reverses-trial-courts-order-of-death-sentence\/","title":{"rendered":"Pat HC | After 22 years of barbarous Senari Massacre the Court hands clean chit to 13 accused; HC reverses Trial Court\u2019s order of death sentence"},"content":{"rendered":"

Patna High Court: <\/strong>The Division Bench of Ashwani Kumar and Arvind Srivatava, JJ., acquitted the death convicts in Senari Massacre incident that took place on 18-03-1999. The Bench stated,<\/p>\n

\n

\u201cThere remains no doubt that the time of occurrence was dark, the site of unfortunate massacre was beset with mayhem with villagers making desperate attempts to seek refuge in a place and position in which they would remain unseen by the miscreants lest they fell prey to their barbarism. In such a state of complete chaos, witnesses hiding in different corners of the village have claimed to identify one or more accused persons without any indication as to the source of light save the torches being carried by the miscreants.\u201d<\/em><\/p>\n<\/blockquote>\n

Senari Massacre <\/strong><\/span><\/h4>\n

The undisputed facts of the case were that on 18-03-1999 at 7:30 PM hundreds of armed miscreants entered the village Senari. They searched out persons allegedly belonging to Ranveer Sena, took them to Thakurbadi at the outskirts of the village and murdered 34 of them. A large number of accused persons were charge-sheeted and out of them 38 persons faced the present trial. The Trial Court made a reference for confirmation of death sentence of main accused.<\/p>\n

Contentions raised by the Appellants <\/strong><\/span><\/h4>\n

Assailing the impugned judgment of conviction and order of sentence, counsel for the appellants, Mr. Surendra Prasad Singh submitted that there was no Test Identification Parade (TIP) to pinpoint the assailants during investigation. Further the witnesses had claimed to identify the miscreants in the flashing of torch lights carried by the miscreants and such dock identification could not be made basis of a conviction. Relying on the decision of the Supreme Court in Chhannu Lal Verma v. State of Chhattisgarh<\/em>, (2019) 12 SSC 438<\/a>, wherein it had been held that \u201cdeath sentence should not be imposed unless there is not a single mitigating factor and that evidence has been led by the prosecution to prove that there is no chance of rehabilitation\u201d; <\/em>the counsel contended that the appellants belong to a depressed class and in view of the surrounding circumstances, it was not a fit case for imposition of death sentence.<\/p>\n

Analysis and Observations by the Court<\/strong><\/span><\/h4>\n

Whether failure to Conduct TIP would make subsequent identification of accused in the Court inadmissible?<\/u><\/em><\/strong><\/p>\n

True it is that identification of an accused in the court of law is substantive evidence whereas the evidence of identification in TIP though a primary evidence, it can be used only to corroborate the identification of the accused in the court of law. In Sheo Shankar Singh v. State of Jharkhand<\/em>, (2011) 3 SCC 654<\/a>, the Supreme Court observed that the CrPC does not oblige the investigating agency to necessarily hold a TIP. \u00a0<\/em>In State of Maharashtra v. Sukhdeo Singh<\/em>, (1992) 3 SCC 700<\/a>, it had been held by the Supreme Court that the \u201c\u2026identification at a test identification parade in the case of total strangers, it is not safe to place implicit reliance on the evidence of witnesses who had just a fleeting glimpse of the person identified or who had no particular reason to remember the person concerned, if the identification is made for the first time in Court<\/em>.\u201d On a perusal of the ratio laid down by the Supreme Court, the Bench held that ordinarily an accused should not be convicted on the testimony of witnesses identifying for the first time in court without any corroboration. However, in appropriate cases, in exception to the general rule, if a witness has any particular reason to remember about the identity of an accused or the accused is known to a witness from before, the Court may rely on such identification without other corroboration.<\/p>\n

Whether Conviction can be based on the testimony of Single Witness in Carnage cases?<\/u><\/em><\/strong><\/p>\n

So far as conviction of an accused on the testimony of a single witness was concerned, the Bench opined that the general principle of law is that conviction may be based on the testimony of single witness without any corroboration, if the evidence of the solitary witness is fully reliable, trustworthy and inspires confidence. However, with reference to carnage cases, in view of the peculiarity of the circumstances, as they generally involve large number of victims, witnesses and the accused persons, the Supreme Court had held in Binay Kumar Singh v. State of Bihar<\/em>, (1997) 1 SSC 283<\/a>, that, \u201cWhen the size of the unlawful assembly is quite large (as in this case) and many persons would have witnessed the incident, it would be a prudent exercise to insist on at least two reliable witnesses to vouchsafe the identification of an accused as a participant in the rioting.\u201d <\/em><\/p>\n

Hence, the Bench held that there is no rule of law for universal application that conviction cannot be sustained on the evidence of solitary witness and that the corroboration, unless required by the statute, is a rule of prudence and not rule of law. However, the Bench added,<\/p>\n

\n

\u201cEven though the quality of evidence is paramount, when the size of the assembly is quite large and many persons have witnessed the incident, it would be useful to adopt the test of consistency of more than one witness so as to remove any doubt about the identity of the accused persons as a member of the assembly in question.\u201d<\/strong><\/p>\n<\/blockquote>\n

\u00a0Further, from the ratio laid down by the Supreme Court in the aforementioned cases, it would also be evident<\/p>\n

Findings of the Court<\/strong><\/span><\/h4>\n

Observing that, the appellants had not challenged the homicidal death of 34 persons and injuries sustained by five persons, the Bench said, it had rightly been submitted on behalf of the appellants that the FIR, though contained name of 16 persons, the appellants were not amongst them. Having analyzed the testimony of the witnesses in respect of each of the convicts and after considering the case of each convict separately, the Bench opined that the time of occurrence was dark, the site of unfortunate massacre was beset with mayhem with villagers making desperate attempts to seek refuge in a place and position in which they would remain unseen by the miscreants. In such a state of complete chaos, witnesses have claimed to identify one or more accused persons without any indication as to the source of light save the torches being carried by the miscreants. Moreover, the witnesses have claimed that the miscreants were more or less identically clad, some in police uniforms, some others in the local outfits. Also, almost all the P.Ws, who claimed identification, had done so at the time of occurrence from a distance i.e., they claimed to identify the miscreants from their respective hiding places. Other witnesses who claimed to identify inspire confidence, Their evidence on other counts have been found doubtful. Furthermore, the miscreants have been identified in the dock for the first time more than seven years and extended up to about 16 years after the occurrence. The circumstances in which the identifications were made, make such identification rather weak without any corroboration.<\/p>\n

Another important factor was the manner in which the appellants were deprived of their statutory right to be heard, as provided under Section 313 of the CrPC. Section 313 (1)(b) casts a duty on the Court to give an opportunity to the accused to explain the incriminating material against him. In State of U.P. v. Md. Iqram,<\/em> (2011) 8 SSC 80<\/a>, the Supreme Court had held: \u201c\u2026The attention of the accused must specifically be brought to inculpatory pieces of evidence to give him an opportunity to offer an explanation if he chooses to do so. Therefore, the court is under a legal obligation to put the incriminating circumstances before the accused and solicit his response.\u201d<\/em> Hence, the Bench opined that,<\/p>\n

\n

\u201cThe accused persons have been subjected to seven standard and identical questions even though the witnesses against them were disparate; this sort of examination goes against the essence of Section 313. Thus, the material not put to the accused cannot be taken into consideration for convicting them.\u201d <\/strong><\/p>\n<\/blockquote>\n

In the backdrop of above mentioned, after appreciating evidence adduced during trial, the Bench reached to the findings that there was a real and reasonable doubt as to the guilt of the appellants. Accordingly, the impugned judgment and order of sentence passed in Sessions Trial so far as the appellants in these appeals were concerned were set aside. The appellants Bachesh Kumar Singh, Budhan Yadav and Gopal Sa, Butai Yadav, Satendra Das, Lalan Pasi, Dwarik Paswan, Kariman Paswan, Gorai Paswan and Uma Paswan, Mungeshwar Yadav, Vinay Paswan and Arvind Paswan were directed to be released and the reference made by the Trial Court under Section 366 of the CrPC was rejected.<\/p>\n

[State of Bihar v. Bachesh Kumar Singh, 2021 SCC OnLine Pat 1011<\/b><\/a>, decided on 21-05-2021]<\/p>\n

\n

Kamini Sharma, Editorial Assistant has put this report together\u00a0<\/strong><\/span><\/p>\n

Appearance before the Court by: <\/strong><\/p>\n

For the Appellants: APP Mayanand Jha, APP
\nFor the Respondents: Amicus Curiae Surya Nilambari<\/p>\n","protected":false},"excerpt":{"rendered":"

Patna High Court: The Division Bench of Ashwani Kumar and Arvind Srivatava, JJ., acquitted the death convicts in Senari Massacre incident that <\/p>\n","protected":false},"author":67011,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[3,10],"tags":[4561,45974,45972,45973,45971],"class_list":["post-248679","post","type-post","status-publish","format-standard","hentry","category-casebriefs","category-highcourts","tag-acquittal","tag-acquittal-of-death-row-convict","tag-reversal-of-conviction","tag-reversal-of-death-sentence","tag-senari-massacre"],"yoast_head":"\nPat HC | After 22 years of barbarous Senari Massacre the Court hands clean chit to 13 accused; HC reverses Trial Court\u2019s order of death sentence | SCC Times<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.scconline.com\/blog\/post\/2021\/05\/25\/pat-hc-after-22-years-of-barbarous-senari-massacre-the-court-hands-clean-chit-to-13-accused-hc-reverses-trial-courts-order-of-death-sentence\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Pat HC | After 22 years of barbarous Senari Massacre the Court hands clean chit to 13 accused; 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Dholaria, J. whilst partly allowing the appeal reduced the sentence of the appellant. In the present case, the deceased, Deepali committed suicide by setting herself on fire on 22-10-2014. The deceased\u2019s marriage took place four months prior to the incident and since then the accused father-in-law\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2018\/12\/1200px-Gujarat-High-Court-1.jpg?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2018\/12\/1200px-Gujarat-High-Court-1.jpg?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2018\/12\/1200px-Gujarat-High-Court-1.jpg?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2018\/12\/1200px-Gujarat-High-Court-1.jpg?resize=700%2C400&ssl=1 2x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2018\/12\/1200px-Gujarat-High-Court-1.jpg?resize=1050%2C600&ssl=1 3x"},"classes":[]},{"id":222761,"url":"https:\/\/www.scconline.com\/blog\/post\/2019\/12\/03\/del-hc-s-372-crpc-does-not-entitle-the-victim-to-file-an-appeal-against-inadequate-sentence-restated\/","url_meta":{"origin":248679,"position":2},"title":"Del HC | S. 372 CrPC does not entitle the victim to file an appeal against inadequate sentence restated","author":"Bhumika Indulia","date":"December 3, 2019","format":false,"excerpt":"Delhi High Court:\u00a0A Division Bench of Manmohan and Sangita Dhingra Sehgal, JJ., held that the appeal filed by the complainant (father of the deceased victim) against the judgment of the trial court, challenging the inadequacy of sentence awarded to the convict, was not maintainable. The convict was sentenced to life\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":178444,"url":"https:\/\/www.scconline.com\/blog\/post\/2017\/12\/27\/orissa-hc-commutes-death-sentence-accused-convicted-murder-16-year-old-girl\/","url_meta":{"origin":248679,"position":3},"title":"Orissa HC commutes death sentence of accused convicted for murder of 16 year old girl","author":"Saba","date":"December 27, 2017","format":false,"excerpt":"Orissa High Court: The Court addressed an appeal by an accused convicted by trial court under S. 302 IPC for murdering a 16 year old girl and sentenced to death for the same. Also, the Court was addressing the reference from trial court for confirming the death sentence under S.\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":208594,"url":"https:\/\/www.scconline.com\/blog\/post\/2019\/01\/22\/mp-hc-death-sentence-confirmed-as-no-mitigating-circumstances-found-in-favour-of-rape-and-murder-accused\/","url_meta":{"origin":248679,"position":4},"title":"MP HC | Death sentence confirmed as no mitigating circumstances found in favour of rape and murder accused","author":"Bhumika Indulia","date":"January 22, 2019","format":false,"excerpt":"Madhya Pradesh High Court: This reference was made before a Division Bench of P.K. Jaiswal and B.K. Shrivastava, JJ. by ASJ, District Sagar, along with the proceedings and record for confirmation of death sentence under Section 366(1) of the Code of Criminal Procedure 1973, while the Criminal Appeal was preferred\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":325821,"url":"https:\/\/www.scconline.com\/blog\/post\/2024\/07\/05\/cal-hc-delivers-split-verdict-murder-case-acquittal-ordered-by-one-judge-sentence-commuted-by-another-legal-news\/","url_meta":{"origin":248679,"position":5},"title":"Calcutta High Court Division Bench Delivers Split Verdict in Murder Case: Acquittal Ordered by One Judge, Sentence Commuted by Another","author":"Arunima","date":"July 5, 2024","format":false,"excerpt":"In a high-stakes murder case, the Calcutta High Court's division bench delivered a split verdict. Justice Soumen Sen commuted the death sentence to 30 years of imprisonment, while Justice Partha Sarathi Sen ordered an outright acquittal. The case has now been referred to the Chief Justice for further directions.","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"Calcutta High Court","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Calcutta-High-Court.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Calcutta-High-Court.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Calcutta-High-Court.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Calcutta-High-Court.webp?resize=700%2C400&ssl=1 2x"},"classes":[]}],"amp_enabled":true,"_links":{"self":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/248679","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/users\/67011"}],"replies":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/comments?post=248679"}],"version-history":[{"count":0,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/248679\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/media?parent=248679"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/categories?post=248679"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/tags?post=248679"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}