Harendra Rai Vs State of Bihar & Ors. (Supreme Court of India)
Summary: The Supreme Court of India, in Harendra Rai Vs State of Bihar & Ors. (2023 INSC 738), delivered a significant judgment concerning the 1995 election-related double murder in Bihar, setting aside the acquittal of former Member of Parliament Prabhunath Singh. The case arose from an incident on 25 March 1995, when a group of villagers was returning after casting their votes in the Assembly elections. According to the prosecution, Prabhunath Singh questioned the villagers about their voting preference and subsequently fired at them with a rifle. Three persons sustained gunshot injuries, of whom Daroga Rai and Rajendra Rai subsequently died. The trial court acquitted all seven accused on 24 October 2008, and the Patna High Court dismissed the revision petition challenging their acquittal on 2 December 2021. Harendra Rai, the brother of deceased Rajendra Rai, approached the Supreme Court challenging these decisions.
The Supreme Court examined the circumstances surrounding the investigation and trial and found serious interference with the administration of criminal justice. The Court observed that Prabhunath Singh, an influential political figure, had allegedly exercised substantial influence over the investigating agency, prosecution witnesses and trial proceedings. Several prosecution witnesses turned hostile, material witnesses were not examined, and the conduct of the Public Prosecutor raised serious concerns. Particularly significant was the abduction and intimidation of Lalmuni Devi, the mother of deceased Rajendra Rai, shortly before she was scheduled to testify as a court witness. Her subsequent statements and judicial inquiries revealed that she had been subjected to threats and coercion intended to prevent her from giving truthful evidence. The Supreme Court also examined the findings recorded by the Patna High Court in earlier habeas corpus proceedings, which had exposed serious failures by the police, prosecution and judicial officers in protecting witnesses and ensuring a fair trial.
