2009 Supreme(SC) 1783

2009(7) Supreme 632
SUPREME COURT OF INDIA
B. Sudershan Reddy and J.M. Panchal, JJ.
Moti Lal & Ors. — Appellants
versus
State of U.P. — Respondent
Criminal Appeal No. 1035 of 2005
Decided on : 2-12-2009

IMPORTANT POINT
Non-examination of the scribe of the first information report is not fatal to doubt the entire prosecution story.
2. The Apex Court, in exercise of its jurisdiction under Article 136 of the Constitution, normally does not interfere with such concurring finding of facts arrived at the Courts below upon proper appreciation of evidence available on record unless it is shown that such appreciation suffers from any manifest error resulting in miscarriage of justice.

Headnote:Indian Penal Code, 1860 – Sections 148, 302 read with Section 149,Section 307 read with Section 149, Sections 452 and 427 – Prosecution of appellant accused persons for entering into house of deceased S with deadly weopans and for attacking him and other family members, resulting in instantaneous death of deceased and his two sons and also injuries to the other family members of deceased – The assailants also set fire to a motorcycle parked in the house of deceased – In the attack, the appellants used country made pistols gun, bomb, iron rod pharsa fitted lathi etc –The cause of attack was due to rivalry between family of deceased and the attacking party over a piece of farm land – Conviction of appellants by Trial Court– Appeal –High Court, while rejecting the reference made by Sessions Judge for confirmation of death penalty, awarded life sentence to the appellants A1 to A5 for the offence committed under Section 302 read with Section 149, IPC and maintained their conviction recorded under Sections 307 read with Section 149, Sections 452, 427 and 147, IPC and sentences imposed by Sessions Court – High Court also confirmed conviction of A6to A8 under Section 302 read with Section 149, Section 307 read with Section 149, Sections 452, 427 and 148, IPC – Appeal – As rightly observed by Courts below, police in some confusion, initially treated the present case as the cross case of Crime No. 151 of 1994 concerning murder of T and accordingly registered case as Crime No. 151A of 1994 – It was evident from the evidence of Investigating Officer (PW9) that it was a mistake on their part to register the present case as a cross case – Having regard to the facts and circumstances of the case, corrections, if any, made by the Investigating Officer or the Station House Officer, as the case may be, in the first information report did not have any vital bearing on the case of the prosecution – On that score lodging of the first information report itself could not be doubted – In the circumstances, alteration, if any, made in first information report as regards the time of occurrence was not of much significance – Again non – examination of the scribe of the first information report was not fatal to doubt the entire prosecution story – Courts below rightly appreciated the evidence available on record and found the so-called interpolation in the first information report, if any, itself was no ground to doubt the prosecution’s story – The ocular evidence of PWs 5 and 6 and the medical expert’s (PW7) evidence led to an irresistible conclusion that the appellants were guilty of all the charges levelled against them and the Courts below rightly convicted all of them for the charged offences – Appeals dismissed (Paras 13 to 23)

       Facts of the Case :

        Appellant accused persons were prosecuted herein in the instant case for entering into house of deceased S with deadly weopans and attacked him and other family members, resulting in instantaneous death of deceased and his two sons and also injuries to the other family members of deceased .The assailants also set fire to a motorcycle parked in the house of deceased .In the attack, the appellants used country made pistols gun, bomb, iron rod pharsa fitted lathi etc.The cause of attack was due to rivalry between family of deceased and the attacking party over a piece of farm land. Trial Court convicted appellants for said offences.On Appeal, High Court, while rejecting the reference made by Sessions Judge for confirmation of death penalty, awarded life sentence to the appellants A1 to A5 for the offence committed under Section 302 read with Section 149, IPC and maintained their conviction recorded under Sections 307 read with Section 149, Sections 452, 427 and 147, IPC and sentences imposed by Sessions Court. High Court also confirmed conviction of A6to A8 under Section 302 read with Section 149, Section 307 read with Section 149, Sections 452, 427 and 148, IPC.

        2. Present appeal has been filed against said order of High Court.

       Findings of the Court :

        As rightly observed by Courts below, police in some confusion, initially treated the present case as the cross case of Crime No. 151 of 1994 concerning murder of T and accordingly registered case as Crime No. 151A of 1994.It was evident from the evidence of Investigating Officer (PW9) that it was a mistake on their part to register the present case as a cross case. Having regard to the facts and circumstances of the case, corrections, if any, made by the Investigating Officer or the Station House Officer, as the case may be, in the first information report do not have any vital bearing on the case of the prosecution. On that score lodging of the first information report itself could not be doubted- In the circumstances, alteration, if any, made in first information report as regards the time of occurrence was not of much significance. Again non-examination of the scribe of the first information report was not fatal to doubt the entire prosecution story. Courts below rightly appreciated the evidence available on record and found the so-called interpolation in the first information report, if any, itself was no ground to doubt the prosecution’s story. The ocular evidence of PWs 5 and 6 and the medical expert’s (PW7) evidence led to an irresistible conclusion that the appellants were guilty of all the charges levelled against them and the Courts below rightly convicted all of them for the charged offences. Appeals dismissed.