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2023 Supreme(SC) 122
SUPREME COURT OF INDIA
B.R. Gavai, Vikram Nath, JJ.
Ajai Alias Ajju & Ors. - Appellants
Versus
The State Of Uttar Pradesh -Respondent
Criminal Appeal Nos.598-600 of 2013 With Criminal Appeal No.337 of 2014 and With Criminal Appeal Nos.745-748 of 2015
Decided On : 15-02-2023
For the Appellant(s) : Mr. Sanjay Kumar Tyagi, AOR Mr. Rameshwar Prasad Goyal, AOR Mr. Rishi Malhotra, AOR
For the Respondent(s): Mr. Rameshwar Prasad Goyal, AOR Mr. Brijender Chahar,Sr. Adv. Mr. Sarvesh Singh Baghel, AOR Mr. Karan Chahar, Adv. Ms. Pooja Chahar, Adv.
IMPORTANT POINT
It is discretion of prosecution to lead as much evidence as is necessary for proving charge – It is not quantity of witnesses but quality of witnesses which matters.
Headnote:
Indian Penal Code, 1860 – Sections 302/149 and 307 – Arms Act, 1959 – Sections 4/25 – Multiple murders – Common object – Death sentence commuted to life sentence by High Court – Two daughters of deceased having seen assailants murdering their family members and also causing injury to one of them – Pressing of dog squad into service was also fully justified as till that time when dog squad was pressed into service in morning names of assailants had not been disclosed – Dog squad had been pressed into service as per FIR since names of assailants were not known – It is discretion of prosecution to lead as much evidence as is necessary for proving charge – It is not quantity of witnesses but quality of witnesses which matters – Non-examination of statement under Section 164, Cr.P.C. also has no relevance or bearing to findings and conclusions arrived at by courts below – It was for Investigating Officer to have got statement under Section 164, Cr.P.C. recorded – If he did not think it necessary in his wisdom, it cannot have any bearing on testimony of injured witness and other material evidence led during trial – No infirmity in order of High Court affirming conviction of appellants – Appeals dismissed. (Paras 19, 20, 21 and 25)
Facts of the case:
Present appeals assail the correctness of judgment and order of the High Court dated 22.02.2012 whereby the conviction recorded by the Trial Court under Sections 302/149 of the Indian Penal Code1 and other allied offences, both under the IPC as also the Arms Act, 1959 has been affirmed. However, sentence awarding death penalty by the Trial Court has been commuted to life sentence for all the accused. Rest of the sentences have been maintained.
Findings of Court:
High Court has given sound and cogent reasons for commuting death sentence into life sentence. Accordingly, the Criminal Appeal Nos.745748 of 2015 also stand dismissed. The appellants are in custody and they will serve out their sentence.
Result : Criminal Appeals dismissed.
The information provided indicates that Braj Pal Singh became an accused likely due to his involvement in the incident or his connection to the events surrounding it. Since he was the one who made the initial complaint and reached the scene where Vijay Pal Singh and his wife were found injured, it suggests that he was directly or indirectly implicated in the circumstances of the case. His role as a complainant and witness, combined with the fact that he is listed as an accused, implies that the investigation or subsequent proceedings identified him as having some involvement or responsibility related to the incident (!) .
JUDGMENT :
VIKRAM NATH, J.
Criminal Appeals No.598-600 of 2013 have been preferred by accused Ajai alias Ajju, Braj Pal and Ravi respectively. Ajai alias Ajju has since died, as reported by the learned counsel for both the sides. Accordingly, Criminal Appeal No.598 of 2013 stands abated. Criminal Appeal No.337 of 2014 has been preferred by accused Mukesh.
2. The above appeals assail the correctness of the judgment and order of the High Court dated 22.02.2012 whereby the conviction recorded by the Trial Court under section 302/149 of the Indian Penal Code1[IPC] and other allied offences, both under the IPC as also the Arms Act, 1959 has been affirmed. However, sentence awarding death penalty by the Trial Court has been commuted to life sentence for all the accused. Rest of the sentences have been maintained.
3. Criminal Appeal Nos.745-748 of 2015 have been preferred by the State of Uttar Pradesh against the above referred common judgment of the High Court to enhance the punishment to all the four respondents and award them death sentence.
4. Prosecution story in brief is that Braj Pal Singh (one of the accused) made a complaint to the police station at Muradnagar, District Ghaziabad at about 4.30 AM on 25.08.2007 that early in the morning at around 3.00 AM he heard the shouting and shrieking of Ms Rashmi, daughter of his brother Vijay Pal Singh whereupon along with other villagers he reached the house of his brother in the neighbourhood only to find that his brother Vijay Pal Singh, his wife Smt Rajesh were lying on the ground floor on their cots with their necks cut by sharp edged weapons, and further, when he went on the upper floor, he saw Nishant, son of Vijay Pal Singh and also Mangal Singh, son in law of Vijay Pal Singh also lying dead on their cots with their necks also cut. Smt Pinky, daughter of Vijay Pal Singh was also lying on the ground floor in an injured condition. She was taken to the hospital and admitted there whereas the dead-bodies of the four deceased persons were lying on the spot where the crime was committed. After registering the case, the investigation started.
5. The Investigating Officer recorded the statements of the two daughters of the deceased Vijay Pal Singh, namely Ms Rashmi and Smt Pinky (PW-1). According to Smt Pinky and also Ms Rashmi a very shocking sequence of events were revealed. According to Smt Pinky, there was enmity of her father with his brother Braj Pal and son of other brother Indra Pal; further, there was enmity with their neighbour Mukesh over consuming alcohol. She further stated that she was sleeping with her parents on the ground floor. Her sister Ms Rashmi, brother-in-law Mangal Singh, brother Nishant were sleeping on the upper floors of the house. At about 3.00 AM, she woke up due to some noise only to see that her neighbour Mukesh, son of Tungal Singh, Braj Pal Singh, Ravi, Ajai alias Ajju were assaulting her parents with talwar and gandasa. Mukesh assaulted her with a sword. She tried to save herself but then she fell down and lay quietly. She also narrated that Mukesh was saying ‘Abrar makes sure that no one is left alive. Kill all of them’ and thereafter he went upstairs. She continued to lie close to her mother in a state of fright and shock. They left thinking that she was also dead. They were also taking name of one Pramod. Both Abrar and Pramod are from village Noorpur, which is the in-law’s place of Mukesh. They used to regularly come to Mukesh and that she had seen them earlier. When these assailants left after assaulting, her sister Ms Rashmi came down from upstairs only to see that their parents, brother and husband had been murdered. Both the sisters ran outside shrieking and shouting, and after some time, Braj Pal and Mukesh came along with others and they asked what had happened. They came inside and saw the entire place of occurrence and asked Smt Pinky if she had recognised the assailants. Out of fright both Ms Rashmi and Smt Pinky denied having seen anyone. There
