HARJIT SINGH BEDI, J.M.PANCHAL
State of U. P. – Appellant
Versus
Krishna Master – Respondent
The legal case involves an appeal against an acquittal of respondents accused of multiple murders. The trial court initially convicted the respondents and sentenced them to capital punishment. However, the High Court reversed this decision, acquitting the respondents based on its assessment of the evidence, which it found to be unreliable and inconsistent. The Supreme Court reviewed this judgment, re-evaluating the evidence and the approach of the High Court.
Key points from the case include:
Witness Credibility and Evidence Evaluation: The Supreme Court emphasized the importance of properly appreciating oral evidence, especially from rustic or child witnesses. It highlighted that minor discrepancies are not necessarily fatal to credibility and that the overall ring of truth in testimony should be the guiding principle (!) (!) (!) .
Rejection of High Court’s Findings: The Court found that the High Court erred in disbelieving the testimonies of eyewitnesses, Jhabbulal and Madan Lal, on grounds that the witnesses were rustic, young children, or that their testimonies were inconsistent. The Court held that these reasons were unjustified and that the witnesses’ testimonies were consistent, reliable, and supported by other evidence, including physical evidence and the site plan (!) (!) (!) .
Lighting and Visibility: The Court rejected the High Court’s reasoning that the witnesses could not have seen the incident due to darkness, noting that electricity lights were present and corroborated by the site plan and other evidence. The Court found that the witnesses’ ability to see was reasonably established (!) .
Motive for the Crime: The Court determined that sufficient evidence demonstrated a motive rooted in family honor and previous threats, countering the High Court’s view that motive was fabricated during trial. The Court explained that omission of motive in the FIR does not diminish its relevance and that the evidence supported the existence of a motive (!) .
Oral Dying Declaration: The Court criticized the High Court for disbelieving the oral dying declaration made by the deceased, which implicated the respondents. It clarified that such declarations are admissible and can be relied upon, even if not recorded in the FIR, especially when they have a ring of truth and are consistent with other evidence (!) .
Reassessment of Evidence and Judgment: The Court concluded that the High Court’s reasons for disbelieving the witnesses were not supported by the record and that the evidence established the respondents’ involvement in the murders. It found the approach of the High Court to be cursory and unjustified (!) .
Sentence Revision: Given the long passage of time since the incident and the acquittal by the High Court, the Supreme Court deemed that the respondents should not be sentenced to death. Instead, it imposed life imprisonment and a fine, with compensation to the victim’s family (!) (!) .
Overall Conclusion: The Supreme Court set aside the High Court’s judgment and restored the conviction and sentence of life imprisonment for each respondent, emphasizing the importance of a thorough and fair appraisal of evidence in criminal trials.
JUDGMENT
J.M. Panchal, J. —
1. The State of Uttar Pradesh has questioned legality of judgment dated April 12, 2002 rendered by Allahabad High Court in Criminal Appeal No.574 of 2001 by which judgment dated February 20, 2001 passed by the learned Special Judge (EC Act)/Additional District Judge, Farrukhabad in Sessions Trial No.17 of 1992 convicting the three respondents herein under Section 302 IPC and sentencing each of them to death with fine of Rs.10,000/- in default RI for two years for commission of murder of six persons is reversed and they are acquitted.
2. The facts emerging from the record of the case are as under:
The incident in question took place on August 10/11, 1991. The first informant is one Jhabbulal. He, as well as the respondents, are residents of Village Lakhanpur, District, Farrukhabad, Uttar Pradesh. About one year before the date of incident, Sontara, daughter of the respondent No.1 had eloped with Amar Singh, son of Jhabbulal. On one day, Amar Singh was spotted in the village and on learning that Amar Singh was back in village, the respondents had made an attempt to find him out to assault him and to take revenge. However, Ramwati, wife of Guljari, had learn
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