Back
1982 Supreme(Del) 90
DELHI HIGH COURT
J. D. JAIN, J.
OUDH RAM AND OTHERS
VERSUS
THE STATE
Criminal Appeal No. 176 of 1981,
Decided on : 31-3-1982.
In order to convict a person of a crime, the prosecution must prove the person's guilt beyond a reasonable doubt.
Headnote:
CRIMINAL APPEAL - [SECTION 395/149, 397, PENAL CODE] - [ACT - INDIAN PENAL CODE] - [SUBJECT - CONVICTION AND SENTENCE] - Conviction and sentence of appellants Oudh Ram, Ram Narain, Videshi, Toofani, and Samarjit Singh set aside; conviction and sentence of appellants Vijay Pal and Shiv Poojan maintained.
Fact of the Case:
Appellants were convicted of dacoity and one of them, Toofani, was also convicted of stabbing a person with a knife during the dacoity. They appealed their convictions and sentences.
Finding of the Court:
The court found that the prosecution had not established the guilt of appellants Oudh Ram, Ram Narain, Videshi, Toofani, and Samarjit Singh beyond a reasonable doubt. However, the court found that the prosecution had established the guilt of appellants Vijay Pal and Shiv Poojan beyond a reasonable doubt.
Issues: 1. Whether the prosecution had established the guilt of all the appellants beyond a reasonable doubt. 2. Whether the conviction and sentence of the appellants should be upheld.
Ratio Decidendi: 1. The court held that the prosecution had not established the guilt of appellants Oudh Ram, Ram Narain, Videshi, Toofani, and Samarjit Singh beyond a reasonable doubt because: - The evidence against them was circumstantial and did not exclude the possibility that they had come by the stolen articles in their possession innocently. - The identification evidence against them was unreliable. 2. The court held that the prosecution had established the guilt of appellants Vijay Pal and Shiv Poojan beyond a reasonable doubt because: - There was strong evidence that they were in possession of stolen property. - They were identified by eyewitnesses.
Final Decision: The court set aside the conviction and sentence of appellants Oudh Ram, Ram Narain, Videshi, Toofani, and Samarjit Singh. The court maintained the conviction and sentence of appellants Vijay Pal and Shiv Poojan.
1. S/Shri Oudh Ram, Ram Narain, Vijay Pal, Videshi and Samarjit, appellants in Criminal Appeal No. 176/ 81, Sh. Toofani, appellant, in Criminal Appeal No. 187/81 and Sh. Shiv Poojan, appellant in Criminal Appeal No. 198/81 along with one Burbal have been convicted of an offence under S.395/149, Penal Code, by an Additional Sessions Judge vide his judgement dated 21st Aug. 1981. Toofani, appellant, has also been convicted of an offence under S.397, Penal Code, for having stabbed one Rattan Chand with a chhuri with which he was armed at the time of commission of dacoity. All of them have been sentenced to rigorous imprisonment for five years and a fine of Rs. 500/- each for offence under S.395 read with S.149 Penal Cede. Further Toofani has been sentenced to rigorous imprisonment for seven years and a fine of Rs. 100/- for offence under S.397, Penal Code. However, both the substantive sentences awarded to him have been made to run concurrently. Feeling aggrieved all of them excepting Birbal have preferred appeals against their conviction and sentence. Since common questions of law and fact are involved, this judgement shall dispose of all these appeals.
2. The prosecution case succinctly is that on the night intervening 12th and 13th April, 1975, Smt Raj Kumari (PW 6) was sleeping in the courtyard of her house at Lakhi Park, police Station Kingsway Camp. Her son Pradeep Kumar, then aged about 8 1/2 years and her daughter Veena Kumari, aged about 18 years, were also sleeping closeby her on separate cots. At about mid-night Veena suddenly woke up and found that 8 to 10 persons were standing outside their house. One of them was holding chhuri while others were armed with lathis. She shouted, "Look Mummy, who these persons are ?" and awakened Smt. Raj Kumari. The latter then enquired from those persons who they were and what they wanted. Thereupon, Shiv Poojan-appellant dealt two kicks on her back and also throttled her. Pradeep Kumar was also awakened and both the children started weeping and crying. This attracted their neighbour Rattan Chand and he grappled with those persons and the one who was holding chhuri stabbed him with the result that he sustained an injury on his right hand. On receipt of injury Rattan Chand went away and the aforesaid persons again came to the courtyard. Then, they broke open the lock of the door of her rooms and took away all her belongings and household effects. In the meanwhile, one Dalbir Singh (PW 11), who was living at some distance from the house of Smt. Raj Kumari came there on hearing the noise. He was carrying a sword (Kirpan) in one hand and a flash torch in the other. However, the dacoits exploded a cracker outside the house and on hearing the explosion Dalbir rushed back to his house. The dacoits then decamped with the booty which comprised, inter alia, one sewing machine (Usha Make) without base, one time-pice, one camera, a pair of gold tops, one gold ring, one gold chain and some trunks etc. full of clothes of Smt. Raj Kumari and her children.
3. Someone informed the Police Control Room that a dacoity was being committed at Lakhi Park. This information was flashed to police Station Kingsway Camp and the same was then communicated to S.I. Shri R.S. Khurana, who was then Incharge, police post, Azadpur and happened to be on patrol. He reached the spot and recorded the statement Ex. PW 6/A of Smt. Raj Kumari. It was sent by him at about 3.45 A.M. on that vary night for registration of a formal case.
4. During the course of investigation the police found on 14th April, 1975, one attache-case in broken condition (Ex. P11), two registered documents executed in favour of Smt. Raj Kumari and one photo-frame etc. containing the photograph of Smt. Raj Kumari (Ex. P7) from under a tree in Shalimar Park. The glass frame of the photograph had some chance prints which were developed by applying a powder and the same was sent to Central Record Office R.K. Puram. On the same night Vijay Pal, appell
