Supreme Court convicts accused under Sections 302 and 307 IPC using judicial notice of HC judgment and subsequent conduct evidence

SC in appeal against acquittal took judicial notice of HC judgment in habeas corpus petition as public document, finding it constituted reliable evidence despite not being formally exhibited at trial. Court held accused's subsequent conduct under Section 8 Evidence Act indicated guilt, as interference with investigation suggested guilty mind. FIR/written statement treated as dying declaration and reliable evidence despite procedural lapses in proof. Mother's testimony corroborated FIR contents despite cross-examination admission of coaching. Accused convicted under Sections 302 and 307 IPC for murders and attempted murder, overturning lower courts' acquittals due to their failure to consider relevant evidence and conduct.

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Issues Involved:
1. Influence and misconduct by the main accused.
2. Correctness of the acquittal judgment by the Patna High Court.
3. Admissibility and reliability of the FIR and dying declaration.
4. Conduct of the accused and its relevance under Section 8 of the Evidence Act.
5. Testimony of CW-1 and its reliability.

Summary:

1. Influence and Misconduct by the Main Accused:
The main accused, a political leader and sitting Member of Parliament, influenced the administration and the investigating agency, won over witnesses, and even abducted a court witness, Smt. Lalmuni Devi, to prevent her testimony. This led to a Habeas Corpus Petition and subsequent reports criticizing the trial's conduct.

2. Correctness of the Acquittal Judgment by the Patna High Court:
The appeal challenged the Patna High Court's judgment, which confirmed the acquittal of the accused. The Supreme Court found that the trial was conducted in a shabby manner, with the prosecution and the trial court failing to ensure a fair trial. The acquittal was criticized for ignoring significant evidence and the misconduct of the prosecution and the trial court.

3. Admissibility and Reliability of the FIR and Dying Declaration:
The FIR, based on the dying declaration of Rajendra Rai, was treated as a substantive piece of evidence. Despite the prosecution's failure to produce formal witnesses to prove the FIR, the Supreme Court held that the FIR, being a public document and a dying declaration, was reliable and admissible under Section 32 of the Evidence Act.

4. Conduct of the Accused and Its Relevance Under Section 8 of the Evidence Act:
The subsequent conduct of the accused, including influencing witnesses and the administration, was considered a significant circumstance pointing towards his guilt. The Supreme Court emphasized that the conduct of the accused in subverting the trial process was relevant and incriminating under Section 8 of the Evidence Act.

5. Testimony of CW-1 and Its Reliability:
The Supreme Court found the testimony of CW-1, Lalmuni Devi, to be reliable despite minor discrepancies. The court held that her statement corroborated the dying declaration of Rajendra Rai and provided a truthful account of the incident. The High Court's conclusion that her testimony was tutored was rejected.

Conclusion:
The Supreme Court convicted the main accused under Sections 302 and 307 of the Indian Penal Code for the murders and attempt to murder. The court directed the State of Bihar to ensure the immediate custody of the accused and scheduled a hearing for sentencing. The judgment highlighted the failure of the prosecution, investigating agency, and trial court in ensuring a fair trial and emphasized the importance of judicial notice and the conduct of the accused in determining guilt.

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