Back
ALLAHABAD HIGH COURT
S.K. Dhaon and S.I. Jafri, JJ.
Maheshwari and others - Appellant
versus
State of D.P. - Opp. Party
Criminal Appeal No. 2668 of 1977
Decided on 17.12.1986
Held, there is no evidence on record that the eye-sight of the eye-witnesses Mahipat and Lalji were normal. Also there is no evidence that the light on the day of occurrence was good. Furthermore, there is not even a whisper in the evidence on record that there were any particular and very characteristic signs in the three accused so that they could be spotted out from their gait etc. Having given thoughtful consideration, we feel that the question whether Mahipat and Lalji could see the accused from points 6 and 7 is, in any view of the matter, not free from doubt and in such a situation the accused should get the benefit of the same. Furthermore, assuming the accused could be identified by Mahipat and Lalji from a distance of about 100 years, we are not inclined to believe that from that distance they could really see the three accused wielding the three weapons assigned to them by Mahipat and Lalji in their respective testimonies. (Para 19)
Consequently held, having given a thoughtful consideration to the case we are satisfied that the prosecution has not been able to establish its case beyond all shadow of doubt and the appellants are entitled to the benefit of doubt. (Para 25)
JUDGMENT
S.K. Dhaon, J. - The appellants have been convicted and sentenced for life under section 302 read with section 34 of the Indian Penal Code. They feel aggrieved; hence this appeal.
2. The place of occurrence was a field of one Mania in village Bara Dera Behuni Kalan within the jurisdiction of the Police Station Muskara. The distance between the place of occurrence and the Police Station was about four miles. The occurrence is of 3rd February 1977, time being about 2.30 pm. The first information report was lodged at about 4.30 p.m.
3. Mahipat (P.W. l) the father of the victim Badri, who was aged about 22 years, lodged the first information report. This was a scribed report, the writer being one Bala Prasad. The appellants No.1 and 2, namely, Maheshwari and Raja Ram are real brothers and the appellant No. 3 Babbu alias Babu is a cousin of the appellants No.1 and 2. The allegation was that Maheshwari, the appellant No. 1, was armed with a spear (Bhala), the appellant No. 2, Raja Ram, was armed with a lathi and the appellant No. 3 Babbu, was armed with a Pharsa (Sharp edged weapon). It was alleged that all the accused wielded their weapons in bringing about the death of Badri.
4. Five witnesses were mentioned in the first information report. They were (1) Bhawani, (2) Jagannath (3) Mahipat (P. W. 1), Hindupat (P.W. 2) and Lalji (P.W. 3). At the trial Bhawani and Jagannath were not produced.
5. The usual investigation followed. The Investigating Officer reached the scene of occurrence. He prepared a site plan. According to this plan Mahipat (P.W. 1) was at point No. 8' when he heard the shrieks of his son, Badri, the deceased. He reached point 7' a distance of about 100 yards from the place of occurrence in the field of Mania. Further, Lalji (P.W. 3) was at point No. 6 and this distance too had been shown at about 100 yards from the place of occurrence. Hindupat (P. W. 2) was at a point, which is about 25 paces away from the scene of occurrence.
6. Dr. S.C Pandey (P.W. 6) conducted post-mortem of the dead body of Badri on 4th February, 1977. The following ante mortem injuries were found on the dead body:
Incised wound 4 cm x 1 cm x bone deep on left side of head over parietal region 7 cm, above left ear oblique in direction.
Incised wound 2 cm x.5 cm x scalp deep on right side of occipital area 2 cm being right ear oblique in direction.
Incised wound 1.5 cm x 1 cm x bone deep on right temporal region 2 cm above right ear. Transverse.
Incised wound 1.5 cm x 5 cm x scalp deep on right temporal region 1.5 cm above right ear and 1 cm infront of injury No.3.
Punctured wound.7 cm x .5cm through and through on back of upper part of pinna of right ear to front.
Incised wound 1 cm x .5 cm x bone deep on left side of head frontal region .5 cm above left eye brow and 5 cm from mid plane.
Incised wound 2 cm x .5 cm x bone deep on left side of head frontal area. 1.8 cm lateral to injury No. 6.
Incised wound 5.5 .cm x 2 cm x bone deep on left side of temple 3 cm front of left ear. Left temporal bone cut beneath it.
Incised wound 3.5 cm x .8 cm bone deep just front of left ear.
Incised wound 3 cm x 1.5 cm x bone deep behind left ear temporal bone fractured beneath it.
Incised wound 1 cm x .4 cm x muscle deep left side of forehead just above left eye brow lateral side.
Incised wound 1.5 cm x .4 cm x muscle deep on left side.
Punctured wound .8 cm x .5 cm x bone deep on right side of face .2 cm front of right ear.
Incised wound 6 cm x 1.5 cm x bone deep on right side of neck Upper part just below right mandible. Right hyoid cervical vertebrae partially cut.
Four punctured wound in front of right forearm lower 1/4 upto elbow joint in an area of 6 cm x 3 cm measuring from.5 cm x .5 cm to 1 cm x 1 cm x bone deep.
Punctured wound 1 cm x 1 cm x bone deep on lateral side or right fore arm 9 cm, above elbow joint.
Contusion 5 cm x 3 cm on lateral side of left shoulder.
Contusion 8 cm x 2 cm on right side of back mid thraxie region 4 cm from mid pl
SupremeToday
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
