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SUPREME COURT OF INDIA
G.L. OZA AND K. JAGANNATHA SHETTY, JJ.
State of U.P., Appellant
Versus
Anil Singh, Respondent.
Criminal Appeals Nos. 671-672 of 1980, D/- 26-8-1988.
(ii) Criminal Trial-Prosecution case should not be rejected if there is a ring of truth in the main.
Held; that invariably the witnesses and embroidery to prosection story, perhaps for the fear of being disbelieved. But that is no ground to throw the case overboard, if true, in the main. If there is a ring of truth in the main, the case should not be rejected. It is the duty of the Court to cull out the nuggets of truth from the evidence unless there is reason to believe that the inconsistencies or falsehood are so glaring as utterly to destroy confidence in the witnesses. It is necessary to remember that a Judge does not preside over a criminal trial merely to see that no innocent man is of punished. A Judge also presides to see that as guilty man does not escape. One is as important as the other. Both are public duties which the Judge has to perform. (Para 10)
(iii) Indian Penal Code, 1860 - Section 302 - Offence of murder-Eye-witnesses to the occurrence - F.I.R., immediately after the occurrence, disclosing the name of accused, containing, all particulars including the motive for the crime and the manner in which it was committed No dispute about the place of commission of crime-Medical evidence supporting eye witnesses account-No scope for any mistaken identity of the accused-Post crime conduct of the accused: he could not be traced: proceedings under section 82/83 Cr. P.C. were initiated-Proper and prompt investigation-Order of acquittal to be set aside-Conviction under section 302-Sentence of imprisonment for life is restored. (Paras 14 to 16)
Judgment
JAGANNATHA SHETTY, J. : - The State of U.P. and the informant have preferred these appeals with special leave, challenging the order of acquittal recorded by the Allahabad High Court in Criminal Appeal No. 2340 of 1978*. Anil Singh, the common respondent in the appeals was tried for the murder of Keshav Kumar (KK) by the Court of Session (Non-Metropolitan Area), Kanpur. He was convicted and sentenced to imprisonment for life. But on appeal, he was acquitted by the High Court.
* Reported in 1980 All Cri R 232.
2. The prosecution story of the occurrence may be stated at some length :
The respondent accused and KK were almost of equal age. They were friends as well as classmates. They were also co-accused in some minor criminal cases. The accused was of violent temperament. He used to indulge in criminal activities. His father sent him to his maternal grandfathers hosue at Faizabad for being better taken care of. But he used to visit often his native place i.e. Pukhrayan, where KK was residing. The accused was in the habit of demanding money from KK. At the time of Diwali festival of the year 1977, the accused asked KK to pay Rs. 2,500/-. He wanted to purchase a revolver. It is alleged that he even threatened KK that he would be killed if the amount was not paid by Nov. 14,1977. November 14, is a rejoicing day for children. It is a birthday anniversary of Pt. Jawahar Lal Nehru who was the Prime Minister of this country. The children all over called him and still remember him as "Cha Cha Nehru". Every year his birthday is celebrated as "Children Day" throughout the country. On that 14 Nov. 1977, local Jaycees Club arranged Bal-Mela and cultural programme. It was arranged in the Normal School compound with sweet-meat and chat-shops. Bal-Mela went on till 7 p.m. The cultural programme was to commence at 8 p.m. In between KK was murdered.
3. It is said that the accused and KK came to Bal - Mela. From there the accused went along with KK to a nearby place, that is the verandah of Dr. Diwedis shop. There he assaulted KK with knife. Prahlad Kumar who is the eldest brother of KK and some others rushed to the spot. But the accused could not be caught. Nor KK could be saved. The accused was chased but he ran away by brandishing his knife. The fatally injured KK was seen walking a few steps and falling down in a "Nali". Prahlad Kumar lifted him and carried up to some distance for medical attention. But on the way near Khazanchi hotel, KK succumbed to injuries.
4. Prahlad Kumar carried the dead body of his brother to his house. So many people followed him. The Sub-Divisional Magistrate and Tehsildar who were the guests of honour at the function also went to his house. Ramesh Chander Dube a social worker and politician was very much there. Prahlad Kumar wrote a report giving fairly all particulars of the occurrence. He took a scooter and went to Police Station Bhoginpur which is just two miles away from his house. Ramesh Chander Dube accompanied him. They lodged the report at 9.15 p.m. at the Police Station.
5. Kaushal Chand Tripathi Sub-Inspector was then in charge of the Police Station. He was present when the report was lodged. He got the case registered. He immediately went to the scene of occurrence. He also visited the house of the deceased. He found the dead body lying on a bench. He conducted the inquest proceedings. Ex. Ka. 1 is the inquest report. He sent the dead body with Constables Aley Hasan and Trijuji Narain for post-mortem. Thereafter he recorded statements of persons. He examined witnesses including Chhotey Lal (PW. 2). In the course of interrogation of persons, he came across a boy called Raju. He took his statement who has been later examined as PW 3 in the case. On the following morning at 5.45 a.m. the Investigating Officer again went to the scene of occurrence. He prepared a sketch map Ex. Ka. 13. He found blood-stains on the furniture lying in the verandah of Dr. Diwedis shop. He got removed two pieces of a bench (E
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