Family Testimony Cannot Be Disregarded Solely Due to Relationship: Patna High Court

Patna High Court ruled in the murder case of Dularchand Rai, upholding the conviction of Diplal Rai while acquitting Anil Rai and Krishna Rai. The three were accused of killing Dularchand Rai in Siwan district in 2017, following a dispute. The court found that the evidence overwhelmingly pointed to Diplal as the one who delivered the fatal knife blow to the victim, while the involvement of Anil and Krishna was not proven beyond reasonable doubt.

The case stemmed from an incident on 11th February 2017, when Dularchand Rai was fatally stabbed while returning home after attending to nature’s call. According to the FIR lodged by his wife, Kanti Devi, their daughters, Pratima Kumari and Sita Kumari, witnessed the attack. They claimed that the accused, led by Diplal Rai, assaulted their father with a knife, leading to his death.

The appellants challenged the conviction, claiming their innocence and arguing that no independent witnesses had corroborated the prosecution's case. They also pointed to discrepancies in witness statements. The defense claimed that the daughters, Pratima Kumari (PW-3) and Sita Kumari (PW-5), falsely implicated them.

The court held that Pratima Kumari and Sita Kumari were credible witnesses, despite being related to the deceased. The court ruled that familial relations alone do not disqualify their testimony if it is consistent and truthful. The key legal issue centered on whether the accused had the requisite mens rea (intent to kill) and whether their involvement could be proven beyond a reasonable doubt.

Diplal Rai was convicted under Section 302/34 IPC for the murder of Dularchand Rai. The evidence, particularly from the eyewitness accounts of the daughters and the postmortem report, supported the prosecution's case that Diplal delivered the fatal knife blows.

Anil Rai and Krishna Rai were acquitted as the court found insufficient evidence linking them to the fatal assault. The court granted them the benefit of the doubt, noting that no direct allegation of knife use was made against them, and there was ambiguity regarding their role in the crime.

Compensation to Victims:

The court directed the Siwan District Legal Services Authority to compensate Kanti Devi and her daughters under the Bihar Victim Compensation Scheme 2014, acknowledging their status as victims under Section 2(wa) CrPC. The court observed that they had lost their primary breadwinner and deserved State support.

While Diplal Rai will continue serving his life imprisonment, Anil Rai and Krishna Rai were acquitted of all charges. The court's decision underscores the importance of reliable witness testimony and the need for clear evidence when convicting individuals of serious crimes like murder.

Date of Decision: 1st October 2024

Diplal Rai vs. The State of Bihar