Basudeo Gir vs State

Criminal Appeal No. – 83-DB of 2002

PATNA HIGH COURT

Date of Judgement: 24th September 1958

Bench: Hon’ble S Misra J., Hon’ble U Sinha J.

Relevant Acts/Sections:

  • Section 45 IEA (Opinions of experts)
  • Section 395 IPC (Punishment for dacoity)
  • Section 397 IPC (Robbery, or dacoity, with attempt to cause death or grievous hurt)

Branch: Forensic Physics

Backstory

On 5th July 1956 at around 8:30 to 09:30 P.M., Ramakishun Ram, after his meal was changing his dhoti, he heard some sound outside; he turned back to check what it was someone gave two lathi blows on his head, then he took up a Danta and moved forward to defend. He noticed 5-6 men standing at the entrance of his house. The light of torch was flashed by some dacoits so he recognizes one of the individuals as Basudeo Gossain who was having a gun in his hand, two of them were recognized as the persons from whom he had purchased bullock at Sous Bazar, and others had lathis and torches. Suddenly Basudeo Gossain fired at Ramakishun Ram in his right leg. He was unconscious for 3-4 hours.

Ramakishun Ram’s brother Balo put him on a khatoli and took him to the Police Station at Chandwa, at around 09:00 A.M., they filed a FIR and mentioned about the incident and one dacoit demanded key from Ramakishun Ram wife and entered Kotha Ghar, and a sum of Rs. 840/- in cash, clothes, 3 sarees and dhotis, umbrellas, chaddar, etc were stolen.

The officer of Chandwa PS visited the place of occurrence at around 03:00 P.M., and inspected the house of Ramkishun and found the scattered things here and there, at around 05:30 P.M., the officer visited the Basudeo Gir house and recovered a Pistol, and recovered two-round lead balls, some lead balls, a small packet of yellow Mansil Potash and three torchlights. The next morning at around 07:00 A.M., the officer visited the crime scene and observed Foot-Print on a gramophone record which was photographed and seized. They sent Basudeo Gir and others to the Latehar Jail, on the requisition and with permission of the Sub-divisional Officer, took the 21 prints of Foot-Prints of the accused. 

Forensic Report

The Foot-Prints were compared and marked ‘A’ with all the nine specimens of the nine suspects, including the prints X, X-1, X-2. Print marked ‘A’ was found to be similar to the right footprint of Basudeo Gossain marked X, X-1, and X-2. They are similar in physiognomy, distribution of toes is similar, nature of the lines at central portions in the toes are similar, which are clear in A and very clear in X. The opinion was considered by the court and was accepted.

Judgement

Basudeo Gir alias Basudeo Gossain convicted under Section 397 IPC, sentenced to undergo rigorous imprisonment for seven years. He was tried along with one Arjun Kamar who has charged under Section 395 IPC.

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