2021 Supreme(Gau) 103

IN THE HIGH COURT OF GAUHATI
N. Kotiswar Singh, Soumitra Saikia, JJ.
Adalat Prasad - Appellant
Versus
State Of Assam - Respondent
Crl A No. 20 of 2018
Decided On : 03-03-2021

The sufficiency of evidence and the absence of medical reports presented during the trial were the main legal points established in the given judgment.

Headnote:

JUDGMENT - Indian Penal Code - Section 302, 447, 323, 324 - The court convicted the accused persons under Section 302 of the Indian Penal Code and sentenced them to undergo Rigorous Imprisonment for Life and a fine of Rs.5,000/-(Rupees Five Thousand) only each and in default to undergo Simple Imprisonment for 6(six) months, Rigorous Imprisonment for 6(six) months under Section 447 of Indian Penal Code, Rigorous Imprisonment for 3(three) months under Section 323 of Indian Penal Code and Rigorous Imprisonment for 1(one) year under Section 324 Indian Penal Code each. The sentences were directed to run concurrently. The prosecution case, as put up, before the trial Court is that an FIR was lodged by the informant, Sri Khusnarayan that on the morning on 01.11.1987 at about 5:00 a.m., the persons trespassed into the land of the informant and killed his mother, Lasia Devi by stabbing her with spears they had carried with them and also stabbed his father, Sri Swami Narayan Chouhan and elder brother, Kishore Chouhan with spears and left them in a dying state. The written FIR was initially lodged in Bokalia Out-Post and the same was, thereafter, forwarded to Howraghat Police Station. The written FIR was duly accepted and registered as Howraghat Police Station Case No. 140/1987 under Sections 147/148/447/326/302 Indian Penal Code. Upon investigations by the Police, charge-sheet was filed against the 3(three) accused persons. The charges were framed against the accused persons for offences committed under Section 147/323/326/304 (II) IPC. The defence did not put up any witness. The accused persons were examined under Section 313 Cr.P.C. and their plea of defence was total denial. P.W.1, Sri Khus Narayan Chouhan is the informant of the case. In his deposition, he stated that on 01.11.1987 at about 5:30 a.m., the accused persons started constructing a house over a plot of land belonging to his family. The plot was adjacent to their house. His father, mother and elder brother Kishore went to the construction to enquire in respect of the matter. The informant also followed them. As soon as his parents and elder brother arrived at the spot, the accused No. 1, Adalat Prasad threw a spear at his mother as a result of which she suffered grievous injuries and later succumbed to the injuries sustained. The accused No. 2, Bali Ram Prasad injured his father by spear. The accused No. 3, Buddhi Ram Prasad injured his elder brother-Kishore. The material exhibits 1 and 2 are 2(two) Jathi (spear) seized by the police which belonged to the accused persons with which his mother and father were injured were identified by the P.W.1. After the incident, the accused persons fled away with the spear. P.W.1 testified that he saw the incident with his own eyes and raised alarm. Many people gathered there. The villagers helped them by taking the dead body of the mother and the injured persons by a cart to the Bokalia Hospital. Thereafter, P.W.1 filed his FIR and then the Police came, made enquiries and conducted inquest over the dead body. The court held that the incident occurred on 01.11.1987 and on the evidences adduced by the prosecution along with medical opinion they have been able to establish a case that the accused persons were seen assaulting the P.W.2 and P.W.5 and the deceased-Lasia Devi on the date of occurrence and at the place of occurrence. Because of the assault by the accused persons injuries were sustained by P.W.2 and P.W.5. The said witnesses had categorically identified the accused as persons who inflicted the injuries on them because of which medical treatment was required. All the ocular witnesses had categorically testified that the accused No.1-Adalat Prasad was seen to have hurled the spear at Lasia Devi and she succumbed to the injuries sustained. The medical evidence and the reference to the injuries sustained by the deceased as is evident from the medical evidence, supports the evidence as testified by the eye-witnesses. The court upheld the conviction of the appellant no.1 as imposed by the Trial Court. However, in respect of the accused persons no.2 and 3, the court disagreed with the findings of the Trial Court below as regards the conviction of the accused persons no. 2 and 3 under Section 302 of Indian Penal Code. In the absence of any medical reports being presented during the trial and proved by the prosecution in respect of the injuries sustained by the P.W.2 and P.W.5, the allegations made against the accused No. 2 and accused No. 3 do not support conviction under Section 302 IPC. There is no cogent evidence to fasten joint liability to the two remaining appellants along with the appellant, Adalat Prasad, for their conviction under Section 302 of Indian Penal Code. There is no evidence to show that there was any prior conspiracy or coming together in their minds to convict the offence under Section 302 of Indian Penal Code. The violent acts of the appellants are separable caused to different persons with varying degrees. There is no evidence to show that the two appellants, Baliram Prasad and Buddhi Ram Prasad had acted conjointly with Adalat Prasad to cause the fatal injury to the deceased Lasia Devi. The court therefore interfered with the conviction under Section 302 of the Indian Penal Code in respect of Appellant No.2, Sri Baliram Prasad and Appellant No.3 Sri Buddhi Ram Prasad by the Sessions Court below. Further, since the injuries caused to P.W.2 and P.W.5 are not proved, conviction of the appellant nos. 2 and 3 under Section 323/324 of Indian Penal Code is set aside. However, the convictions under Section 447 of Indian Penal Code in respect of all the Appellants are sustained. The court directed the appellant No. 2 and 3 to undergo the imprisonment as imposed by the Sessions Court for conviction under Section 447 of the Indian Penal Code. They will surrender before the Sessions Judge, Diphu, Karbi Anglong upon which they will be taken into custody. The period already undergone shall be adjusted accordingly. Bail granted by this Court stands cancelled.

Fact of the Case:

The prosecution case, as put up, before the trial Court is that an FIR was lodged by the informant, Sri Khusnarayan that on the morning on 01.11.1987 at about 5:00 a.m., the persons trespassed into the land of the informant and killed his mother, Lasia Devi by stabbing her with spears they had carried with them and also stabbed his father, Sri Swami Narayan Chouhan and elder brother, Kishore Chouhan with spears and left them in a dying state. The written FIR was initially lodged in Bokalia Out-Post and the same was, thereafter, forwarded to Howraghat Police Station. The written FIR was duly accepted and registered as Howraghat Police Station Case No. 140/1987 under Sections 147/148/447/326/302 Indian Penal Code. Upon investigations by the Police, charge-sheet was filed against the 3(three) accused persons. The charges were framed against the accused persons for offences committed under Section 147/323/326/304 (II) IPC. The defence did not put up any witness. The accused persons were examined under Section 313 Cr.P.C. and their plea of defence was total denial. P.W.1, Sri Khus Narayan Chouhan is the informant of the case. In his deposition, he stated that on 01.11.1987 at about 5:30 a.m., the accused persons started constructing a house over a plot of land belonging to his family. The plot was adjacent to their house. His father, mother and elder brother Kishore went to the construction to enquire in respect of the matter. The informant also followed them. As soon as his parents and elder brother arrived at the spot, the accused No. 1, Adalat Prasad threw a spear at his mother as a result of which she suffered grievous injuries and later succumbed to the injuries sustained. The accused No. 2, Bali Ram Prasad injured his father by spear. The accused No. 3, Buddhi Ram Prasad injured his elder brother-Kishore. The material exhibits 1 and 2 are 2(two) Jathi (spear) seized by the police which belonged to the accused persons with which his mother and father were injured were identified by the P.W.1. After the incident, the accused persons fled away with the spear. P.W.1 testified that he saw the incident with his own eyes and raised alarm. Many people gathered there. The villagers helped them by taking the dead body of the mother and the injured persons by a cart to the Bokalia Hospital. Thereafter, P.W.1 filed his FIR and then the Police came, made enquiries and conducted inquest over the dead body.

Finding of the Court:

The court upheld the conviction of the appellant no.1 as imposed by the Trial Court. However, in respect of the accused persons no.2 and 3, the court disagreed with the findings of the Trial Court below as regards the conviction of the accused persons no. 2 and 3 under Section 302 of Indian Penal Code. In the absence of any medical reports being presented during the trial and proved by the prosecution in respect of the injuries sustained by the P.W.2 and P.W.5, the allegations made against the accused No. 2 and accused No. 3 do not support conviction under Section 302 IPC. There is no cogent evidence to fasten joint liability to the two remaining appellants along with the appellant, Adalat Prasad, for their conviction under Section 302 of Indian Penal Code. There is no evidence to show that there was any prior conspiracy or coming together in their minds to convict the offence under Section 302 of Indian Penal Code. The violent acts of the appellants are separable caused to different persons with varying degrees. There is no evidence to show that the two appellants, Baliram Prasad and Buddhi Ram Prasad had acted conjointly with Adalat Prasad to cause the fatal injury to the deceased Lasia Devi. The court therefore interfered with the conviction under Section 302 of the Indian Penal Code in respect of Appellant No.2, Sri Baliram Prasad and Appellant No.3 Sri Buddhi Ram Prasad by the Sessions Court below. Further, since the injuries caused to P.W.2 and P.W.5 are not proved, conviction of the appellant nos. 2 and 3 under Section 323/324 of Indian Penal Code is set aside. However, the convictions under Section 447 of Indian Penal Code in respect of all the Appellants are sustained. The court directed the appellant No. 2 and 3 to undergo the imprisonment as imposed by the Sessions Court for conviction under Section 447 of the Indian Penal Code. They will surrender before the Sessions Judge, Diphu, Karbi Anglong upon which they will be taken into custody. The period already undergone shall be adjusted accordingly. Bail granted by this Court stands cancelled.

Issues: The issues in the case revolved around the conviction of the accused persons under Section 302 of the Indian Penal Code and the sufficiency of evidence to support the allegations made against the accused No. 2 and accused No. 3. The court also considered the absence of medical reports presented during the trial and the joint liability of the accused persons.

Ratio Decidendi: The court upheld the conviction of the appellant no.1 as imposed by the Trial Court. However, in respect of the accused persons no.2 and 3, the court disagreed with the findings of the Trial Court below as regards the conviction of the accused persons no. 2 and 3 under Section 302 of Indian Penal Code. In the absence of any medical reports being presented during the trial and proved by the prosecution in respect of the injuries sustained by the P.W.2 and P.W.5, the allegations made against the accused No. 2 and accused No. 3 do not support conviction under Section 302 IPC. There is no cogent evidence to fasten joint liability to the two remaining appellants along with the appellant, Adalat Prasad, for their conviction under Section 302 of Indian Penal Code. There is no evidence to show that there was any prior conspiracy or coming together in their minds to convict the offence under Section 302 of Indian Penal Code. The violent acts of the appellants are separable caused to different persons with varying degrees. There is no evidence to show that the two appellants, Baliram Prasad and Buddhi Ram Prasad had acted conjointly with Adalat Prasad to cause the fatal injury to the deceased Lasia Devi. The court therefore interfered with the conviction under Section 302 of the Indian Penal Code in respect of Appellant No.2, Sri Baliram Prasad and Appellant No.3 Sri Buddhi Ram Prasad by the Sessions Court below. Further, since the injuries caused to P.W.2 and P.W.5 are not proved, conviction of the appellant nos. 2 and 3 under Section 323/324 of Indian Penal Code is set aside. However, the convictions under Section 447 of Indian Penal Code in respect of all the Appellants are sustained.