"Justice After 26 Years – A Murder Case That Stood the Test of Time"

 


Introduction

This case revolves around a brutal murder committed in 1986 in Bihar, India, leading to a legal battle that lasted for over 26 years. The accused, Tuntun Chamar and Dina Nath Mochi, were convicted of kidnapping and murdering Ram Briksh Pandit. Their conviction was upheld by the Patna High Court in 2022 after a long judicial process.

The Incident

On June 1, 1986, Lalti Devi, the wife of Ram Briksh Pandit, was informed that a group of armed men had kidnapped her husband. She rushed to the scene with her son and saw around 50 armed men, including the accused, who had tied her husband to a tree. She pleaded for his release, but the accused threatened her with death. The kidnappers then took her husband away.

Three days later, on June 3, 1986, his body was found hanging from a tree near a village, along with an unidentified letter. The police began their investigation, leading to the arrest of five suspects, including the two main accused.

The Legal Battle

A case was filed under multiple sections of the Indian Penal Code (IPC), including:

  • Section 148 (Rioting, armed with a deadly weapon)
  • Section 364/149 (Kidnapping with the intent to murder)
  • Section 302/149 (Murder committed by an unlawful assembly)

The trial court in 1996 found the accused guilty and sentenced them to life imprisonment. However, the legal fight didn’t end there. The case went to the High Court on appeal, delaying justice for over two decades.

Arguments in Court

The defense argued:

  1. The letter found near the body was never proven to be written by the accused.
  2. There were no eyewitnesses to the actual murder.
  3. The doctor who performed the post-mortem was never called to testify.
  4. The delay in the trial had caused prejudice against the accused.

The prosecution countered that:

  1. Multiple witnesses, including the victim's wife and son, saw the abduction.
  2. The accused had not explained what happened to the victim after the abduction.
  3. Section 106 of the Indian Evidence Act applies – since the accused were the last to be seen with the victim, they had to prove that they did not kill him.

High Court's Verdict

The court ruled that the prosecution had successfully proven the abduction with intent to murder. Since the accused failed to explain the victim’s death, they were held responsible. Their conviction was upheld, and they were ordered to be taken into custody immediately.

Conclusion

This case highlights how justice can be delayed but not denied. Despite numerous legal obstacles, the court ultimately ensured that the guilty were held accountable. It serves as a reminder that the legal system, though slow, still delivers justice.

Read the full judgement Below;

https://patnahighcourt.gov.in/viewjudgment/NSM1MjMjMTk5NiMxI04=-PRImOzzjEOg=