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SUPREME COURT OF INDIA
R. C. LAHOTI AND P. VENKATARAMA REDDI, JJ.
Dinesh and another, Appellants
VERSUS
State of Haryana, Respondent.
Criminal Appeal No. 1076 of 2000, D/-10-10-2001.
Farsa - Criminal Law - S. 302, S. 34, I.P.C. - Summary: The court discussed the prosecution's case, the ocular evidence, and the medical evidence to determine the responsibility for the injuries caused to the victim. The court found the prosecution's case to be exaggerated and embellished, leading to a reasonable doubt about the accused-appellants' participation in the incident. The conviction of the accused-appellants was set aside.
Fact of the Case:
The case involved an incident where the accused persons were charged with assaulting and causing the death of the victim, Santra Devi. The prosecution's case relied on the ocular evidence of witnesses and the medical evidence of the injuries sustained by the victim.
Finding of the Court:
The court found that there was a reasonable doubt about the accused-appellants' participation in the incident and the manner alleged by the prosecution. The benefit of the doubt was given to the accused-appellants, leading to the setting aside of their conviction.
Issues: The key issues revolved around the reliability of the ocular evidence, the discrepancy between the ocular and medical evidence, and the exaggerated nature of the prosecution's case.
Ratio Decidendi: The court's decision was based on the lack of corroboration between the ocular and medical evidence, the exaggerated nature of the prosecution's case, and the presence of a reasonable doubt about the accused-appellants' participation in the incident.
Final Decision: The appeal was allowed, and the conviction of the accused-appellants under Ss. 302/34, I.P.C. was set aside. The accused-appellants were ordered to be released forthwith if not required in connection with any other offence.
ORDER :- One Balbir Singh and his two sons Dinesh and Dayanand, were tried on charges under S. 302 read with S. 34,1.P.C. The accused-Balbir Singh expired during the pendency of the trial in the Sessions Court. Accused-Dinesh and Dayanand were found guilty by the trial Court of the offence charged and each was sentenced to undergo imprisonment for life and a fine of Rs. 1000 / and in default of payment thereof to undergo further imprisonment for a period of two months. The two accused preferred an appeal before the High Court which has been dismissed. Both the accused persons have filed this appeal by special leave feeling aggrieved by their conviction and sentence awarded by the trial Court and maintained by the High Court.
2. The appellants are residents of village known as Choki No. 1. Santra Devi, the victim who died in the occurrence, was the wife of Beer Singh. Rajbir P.W. 8 who lodged the FIR of the offence is her son. He was aged about 16 years at the time of the incident. The prosecution case as set out in the FIR is that on 13-10-1993 Rajbir saw buffalo of late Balbir destroying crops in his field. Some altercation or verbal exchange appears to have taken place at that point of time between Rajbir and accused-Dinesh. Dinesh dealt a blow on Rajbir with the chain which is used for tying buffalo. Thereafter both of them left the field. Rajbir went to his home and complained to his mother Santra Devi. At about 5.00 or 5.30 p.m. Rajbir accompanied by his mother was going to his field. On way, when they were crossing the plot of one Ram Mohan, all the three accused persons came there. Balbir was armed with Farsa. Dinesh and Dayanand were armed with Ballams. They were hurling abuses. They opened an assault on Santra Devi. Rajbir raised an alarm which attracted Jagdish, his maternal uncle and Ram Narain. On seeing them, the three accused persons; fled away. Santra Devi fell down having sustained 4 or 5 serious injuries on her head. She was immediately taken to a hospital at Rewari. Santra Devi was unconscious.
3. The doctor at Rewari Hospital, looking to the serious condition of injured Santra Devi. referred her to Safdarjang Hospital, Delhi where she was admitted indoors sometime in the night. It appears that family members of Santra Devi were busy looking after her as her condition was serious and, therefore, they could not afford to go to Police Station for lodging FIR. However, Laxmi Singh, ASI of P. S. Jatusana met Rajbir at the bus stop of village Palhawas. The ASI was there investigating some other offence of theft and house-breaking relating to his Police Station. He recorded the statement of Rajbir which was forwarded to the Police Station and registered as First Information Report of the incident. Santra Devi died sometime in the evening of 14-10-1993. Her statement could not be recorded as she remained unconscious. On 15-10-1993 postmortem on her dead body was performed by Dr. Arvind Thergbonkar, P.W. 1 who found Santra Devi to have sustained the following injuries on her person :-
1. Abrasion on left side of cheek measuring 10 cms. x 6 cms. irregular in shape.
2. An incised wound 6 cms. x 1 cm. x bone deep on right side of front of parietal region, slightly curved in nature. The anterior end is 7 cms. behind a right orbit, 3 cms. lateral to midline on left side, 22 cms. anterior to back of hairline.
3. An incised wound on left parietal region, 4 cms. long 0.5 cm. broad x bone deep. It is situated 3 cms. lateral and left to midline and 20 cms. front of posteriors hairline.
4. Abrasion on right forearm measuring 4 cms. x 1 cm. irregular in shape.
4. On internal examination a depressed comminuted fracture on left parietal region extending to both sides of frontal region interiorly and fracture line also extending to left parietal bone and left temporal region were found. There were other internal damages in the parietal region. The brain was soft and swollen. In the opinion of Dr. Arvind all the injuries were ante-mortem i
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