Back
SUPREME COURT OF INDIA
M.M. DUTT AND S. NATARAJAN, JJ.
Babu Lodhi and others, Appellants
Versus
State of U.P., Respondent.
Criminal Appeal No. 286 of 1978, D/- 1-4-1987.
Held, it has to be remembered that this is not a case resting on circumstantial evidence but a case where the murders had taken place in broad day light and had been witnessed by Smt. Koshi, Anant Ram, and others. It is needless to say that when there is acceptable evidence of eye witnesses to the commission of an offence the question of motive cannot loom large. (Para 10)
(ii) Indian Penal Code, 1860 - Sections 302/34 - Murder of two persons by these applicants at different places - Witnessed by Smt. Koshi who is wife of one and daughter-in-law of the other victims Her house was within hearing distance from the place where her husband was attacked and from there appellants went to kill her father-in-law saying that they would do so-Evidence of Smt. Koshi finds corroboration from F.I.R. and other witnesses - Whether evidence of Smt. Koshi is reliable and trustworthy? (Yes)
Held, having regard to the respective places where Ram Nath and Bhagwan Das had been attacked and killed and the central location of her house we are inclined to agree fully with the High Court and holding that Smt. Koshi was a truthful witness and the Sessions Judge was totally unjustified in rejecting her testimony. (Para 11)
Held further, the evidence of Smt. Koshi corroborated by Anant Ram in so far as the murder of Ram Nath is concerned and in some measure by Jagan Nath and Prabhu regarding the murder of Bhagwan Das even though they have been treated as hostile witnesses. Their names find a place in Exhibit Kha 1. (Para 12)
(iii) Indian Penal Code, 1860 - Sections 302/34-Mid day murders - Initial shock over by evening - Nobody prepared to go to distant police station in night -F.I.R. lodged next morning - Whether delay is natural or fatal (the former).
Held, serious comment was made by Mr. Kohli regarding the delay in the giving of the Exhibit Kha 1. The criticism, in our opinion, is made without due realisation of the realities of the situation in which Smt. Koshi found herself placed on the day in question. The murders had taken place in the afternoon and by the time the initial shock was got over, it would have been evening time. No one was prepared to come to the rescue of Smt. Koshi and take the risk of going to the Police Station during night time to give a report. It was in such circumstances Smt. Koshi had been able to take the bodies only the next morning and reach the Police Station in the afternoon and give a report. (Para 14)
(iv) Criminal Procedure Code, 1973 - Section 386(9) - States appeal against acquittal - High Court finding judgment of Sessions Judge as perverse-Reversed acquittal - Whether proper? (Yes)
Held, when the High Court has found that the reasoning of the Sessions Judge is perverse and that the prosecution evidence does not afford scope for two views being taken, the High Court is entitled to reverse the judgment of the Sessions Judge and convict the appellants. (Para 16)
Consequently held, on a consideration of the matter we find that the High Court has not erred in any manner in the exercise of its powers or exceeded its powers under Section 386 Criminal Procedure Code in allowing the appeal by the State and setting aside the acquittal of the appellants and convicting them under two counts under Section 302 read with Section 34 I.P.C. We, therefore, decline to interfere in the matter. The appeal will stand dismissed and the convictions and sentences awarded to the appellants will stand confirmed. (Para 17)
Judgement
NATARAJAN, J.:- This Appeal by Special Leave is directed against the judgment of the High Court of Allahabad partly allowing Govt. Appeal No. 3045 of 1972 and setting aside the acquittal of the appellants herein and convicting them under Section 302 read with Section 34, Indian Penal Code under two counts and sentencing them to imprisonment for life under each count for committing the murders of one Ram Nath and his father Bhagwan Das on the afternoon of July 24, 1970 at village Chandwari Police Station, Jaria, District Hamirpur. There was another accused by name Kallu who was also acquitted by the Sessions Judge, Hamirpur but the High Court has affirmed his acquittal under Section 302 read with Section 109, Indian Penal Code.
2. The three appellants and Kallu were charged for having committed the murders of Ram Nath and Bhagwan Das by the first appellant attacking them with an axe and the second and third appellants attacking them with spears at the instigation of Kallu to commit the murders. The motive for the attack is said to be that about one year before the occurrence there was a theft of the licenced gun of Bhagwan Das and a complaint therefor had resulted in Kallu being apprehended and charged for committing the theft of fire arm. The first appellant interceded on behalf of Kallu and requested Bhagwan Das and Ram Nath to compound the offence but they pleaded inability on the ground that they had no say in the matter as it was a case taken on file on a Police report. Another cause of provocation proximate in nature was that on the previous day the first appellant was prevented by Bhagwan Das and Ram Nath from taking their buffalo to the cattle pound for being impounded.
3. On the day of the occurrence Bhagwan Das and Ram Nath had their mid-day meal and left the house for making coir rope out of hemp. Shortly after they had left the house Ram Naths wife Smt. Koshi (PW 1) heard the alarm of her husband and rushed out of the house to see what the matter was. She saw Ram Nath being attacked near the house of one Lachchi Ram Mukhia by the three appellants with their respective weapons,. Besides, Smt. Koshi the attack was also witnessed by Anant Ram, brother of deceased Bhagwan Das (PW 3) and Ujoari (not examined). According to Anant Ram, Kallu instigated the appellants to attack Ram Nath but this exhortation is not spoken to by Smt. Koshi and there was also no reference to it in the First Information Report, Exhibit Kha 1 given by her. It was on account of this Kallu was acquitted by the Sessions Judge and the High Court too has declined to interfere with this acquittal. The three appellants repeatedly attacked Ram Nath with their respective weapons and even after he had fallen down they continued their attack for sometime. After their brutal attack the appellants left the place saying they must deal with Bhagwan Das also. After the appellants left the place Smt. Koshi rushed near her husband and found life to be extinct. Feeling apprehensive of the safety of her father-in-law Bhagwan Das, she ran towards the Rahania and found at a place about 80 paces away the three appellants launching an attack on Bhagwan Das also with their respective weapons. Besides Smt. Koshi the attack on Bhagwan Das was witnessed by two other witnesses Jagan Nath (PW 2) and Prabhu (PW 4). These two witnesses who belong to the same caste of Lodhis as the first appellant failed to implicate the first appellant in the attack on Bhagwan Das and hence they have been treated as hostile witnesses and cross-examined. After completing their attack on Bhagwan Das the appellants ran away from the scene carrying their weapons. Bhagwan Das too met with an instantaneous death on account of the numerous injuries inflicted upon him by the appellants.
4. As it was evening time and as Jaria Police Station was 14 miles away no one was prepared to take the risk of going to the Police Station during night time to give a report about the attacks on the deceased. On
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
