Pappu Tiwary & Law Tiwary v.State of Jharkhand - 2022 LiveLaw(SC) 107 - Evidence Act- Plea Of Alibi

2022 LiveLaw SC 107 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Sanjay Kishan Kaul; M.M. Sundresh; JJ. January 31, 2022 CRIMINAL APPEAL NO.1492 OF 2021 PAPPU TIWARY v. STATE OF JHARKHAND CRIMINAL APPEAL NO.1202-1203 OF 2014 LAW TIWARI @ UPENDRA KUMAR TIWARI v. THE STATE OF JHARKHAND Evidence Law - Plea of Alibi - The burden on the accused is rather heavy and he is required to establish the plea of alibi with certitude - The plea of alibi in fact is required to be proved with certainty so as to completely exclude the possibility of the presence of the accused at the place of occurrence. For Appellant(s) Mr. Shree Prakash Sinha, Adv. Mr. Rakesh Mishra, Adv. Ms. Mohua Sinha, Adv. Mr. Nawalendra Kumar, Adv. Mr. Sidharth Singh, Adv. Mr. Shekhar Kumar, AOR For Respondent(s) Mr. Tapesh Kumar Singh, AOR/ AAG Mr. Aditya Pratap Singh, Adv. Mr. Aditya Narayan Das, Adv. J U D G M E N T SANJAY KISHAN KAUL, J. Background: 1. On 07.03.2000 at about 1:00 p.m. Vikas Kumar Singh, aged about 22 years was going from his house towards Bhandar for performing physical exercise. It is the case of the prosecution that based on the fardbeyan of his younger brother, Pankaj Kumar Singh which was recorded at Sadar Hospital, Garhwa at 2:00 p.m., when Vikas Kumar Singh reached in front of the house of Ramadhar Ram, all of a sudden six person who were sitting on the road surrounded him; namely Pappu Tiwari (appellant in Crl. A. No.1492/2021), Sanjay Ram, Uday Pal, Ajay Pal, Pintu Tiwari and Law Tiwari (appellant in Crl. A. No.1202- 1203/2014). Pappu Tiwari fired from his pistol at Vikas Kumar Singh as a result of which he got injured and fell down by the side of the road. The other accused are alleged to have been carrying knives and they pounced upon him and inflicted knife blows on his entire body. Hearing the commotion, Pankaj Kumar Singh rushed in the direction. Seeing the said informant and other villagers coming, the accused persons fled towards the path made over the Ahar. They are stated to have also threatened persons present against giving any evidence in the matter. Later on, as per the informant, he claims to have derived knowledge that they fled in a Maruti Van bearing registration No.DL-2C-5177, which belonged to Pintu Tiwari. On the basis of the fardbeyan, FIR Garhwa P.S. Case No.33 of 2000 was registered under Sections 302 and 34 of the Indian Penal Code, 1860 (hereinafter referred to as the 'IPC') and Section 27 of the Arms Act, 1959 (hereinafter referred to as the 'Arms Act') against the six named accused persons. 2. Assistance Sub-Inspector (for short 'A.S.I') Rajnikant Jha prepared an inquest report but failed to identify the fire arm injury. The post-mortem was conducted by Dr. Mahesh Prasad Singh, Medical Officer, Sub-Divisional Hospital, Garhwa and the cause of death was opined due to shock and haemorrhage caused by vital and multiple injuries. Injuries one and two were identified as firm arm injuries. The Maruti van was subsequently recovered on 09.03.2000. All the accused were arrested albeit, Law @ Upendra Tiwari was arrested on 16.03.2000. On investigation being completed, the chargesheet was submitted on 02.06.2000 against all the six persons under Sections 302 and 34 of the IPC and Section 27 of the Arms Act and cognizance of the offence was taken on the same date. The case was committed to the court of Sessions Judge on 26.07.2000 where all six accused persons were charged under Section 302 read with Section 34 of the IPC and Pappu Tiwari was additionally charged under Section 27 of the Arms Act. 3. In the course of Sessions Trial No.159/2001, the prosecution examined 22 witnesses and the defence examined two witnesses. In terms of the judgment dated 27.05.2002, all the accused persons were convicted as charged and in terms of order dated 28.05.2002, they were sentenced to undergo imprisonment for life. Pappu Tiwari was additionally sentenced to undergo rigorous imprisonment for three years under Section 27 of the Arms Act. 4. The challenge to the judgment of the trial court was laid by two separate appeals. Law Tiwari and Pintu Tiwari jointly filed Criminal Appeal No.242/2002 while the remaining four convicts filed Criminal Appeal No.398/2002. The High Court of Jharkhand vide a common judgment dated 07.05.2012 affirmed the judgment of conviction of the trial court against all the six convicts. However, in pursuance of an inquiry conducted by the learned Chief Judicial Magistrate on the aspect of juvenility, the High Court opined that since Pintu Tiwari was a minor on the date of the incident and had already remained in jail for more than three years, no further order of detention could be passed in view of the provisions of Sections 15 & 16 of the Juvenile Justice (Care and Protection of Children) Act, 2000. Insofar as Sanjay Ram and Uday Pal are concerned, both of them accepted...

Pappu Tiwary & Law Tiwary v.State of Jharkhand - 2022 LiveLaw(SC) 107 - Evidence Act- Plea Of Alibi

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