1992 Supreme(Raj) 902
RAJASTHAN HIGH COURT
V.S.Dave, Farooq Hasan, JJ.
Dashrath Singh - Appellant
Versus
State Of Rajasthan - Respondent
D.B. Cri. A. No. 399 of 1988.
Decided On : 12-10-1992
For the Appellant:Mr. A.K Gupta & Mrs. Kamla Jain, Advocates.
For the Respondent:Mr. G.D. Bhargava, Advocate.
The testimony of witnesses, when consistent and corroborated by medical evidence, can be relied upon to establish the guilt of the accused. Discrepancies in peripheral matters do not undermine the credibility of the witnesses' evidence. The involvement of the accused in the crime can be established even if other co-accused are acquitted. The absence of immediate provocation does not preclude an attack if there is a history of animosity between the parties. The court should scrutinize the evidence of interested witnesses with care and caution, but their testimony should not be discarded solely on the basis of their relationship to the deceased.
Headnote:
Murder - Section 302, IPC - The appellant has been convicted under Section 302, IPC for the murder of Ummed Singh. The section defines murder as the intentional causing of death with the requisite intention. The court relied on the testimony of witnesses and medical evidence to establish the appellant's guilt. The section does not require immediate provocation for an attack to be considered murder. The court also considered the admissibility of certain reports and the delay in submitting them, finding no merit in the appellant's arguments. The court confirmed the conviction based on the evidence presented.
Fact of the Case:
The appellant has been convicted under Section 302, IPC for the murder of Ummed Singh. The incident took place when the appellant and three co-accused arrived at the house of the deceased and assaulted him with a gun. The deceased suffered multiple gunshot wounds and died due to asphyxia. The appellant was found guilty based on the testimony of four witnesses who were closely related to the deceased. The witnesses' evidence was corroborated by medical evidence. The appellant's involvement in the crime was established beyond a reasonable doubt.
Finding of the Court:
The trial court based the conviction on the testimony of the witnesses and the medical evidence. The witnesses' evidence was found to be consistent and credible, and their presence at the scene of the crime was established. The medical evidence supported their account of the gunshots and the injuries sustained by the deceased. The discrepancies in the witnesses' evidence on peripheral matters were deemed immaterial. The court rejected the appellant's arguments challenging the admissibility of certain reports and the delay in submitting them. The court also dismissed the appellant's claim of false implication and lack of immediate provocation. The acquittal of three co-accused did not affect the credibility of the witnesses' testimony against the appellant. The court concluded that the appellant was responsible for the murder of the deceased and confirmed the conviction.
Ratio Decidendi: The testimony of witnesses, when consistent and corroborated by medical evidence, can be relied upon to establish the guilt of the accused. Discrepancies in peripheral matters do not undermine the credibility of the witnesses' evidence. The involvement of the accused in the crime can be established even if other co-accused are acquitted. The absence of immediate provocation does not preclude an attack if there is a history of animosity between the parties. The court should scrutinize the evidence of interested witnesses with care and caution, but their testimony should not be discarded solely on the basis of their relationship to the deceased.
Result: The appeal is dismissed and the appellant is to serve out the remaining portion of his sentence.
JUDGMENT
1. - In this appeal, Dashrath Singh has challenged the judgment of the Sessions Judge, Kola, whereby he has been convicted under Section 302, IPC, and sentenced to imprisonment for life with a tine of Rs. 100/-.
2. A written report (Ex. P.6) was lodged at 2 O'Clock in the mid night of 10th & 11th October,1986. It has been alleged therein that in the evening of 10th October, 1956 at about 8 p.m., he, his father Bhanwar Singh, brother-Umed Singh, mother-Bhanwar Bai, brother-Umed Singh's wife, sister Sangar Bai, his own wife and all family members were present in the house; that, his parents & sister were sitting outside the house at the chabutra, and rest of the members were inside the house, that, hearing devotional acclamation like, 'Jai Bajrrng Bali', both of the brothers & his sister-in-law (brother's wife) rushed to outside their house, his brother Umed Singh unbolted the door and then found Dashrath Singh, Shanker Singh, Chhitar Singh & Sanwal Singh in front of them standing outside at the door of their house (informant's) -out of them, Dashrath Singh had one bore gun, Spanker Singh had a sword, Chhitar Singh had a lathi while his father Sanwal Singh had a chopper in their hands. They asked about Ummed Singh making enquiries from his father (informant's), so also about Jugraj and then exhorted that they would kill Umed Singh & Jugraj. As soon as his sister-in-law saw the afore named persons exhorting, upon unbolting the doors, she immediately dosed the door and bolted it from outside, but these named persons started beating his parents and sister-in-law. Thereupon, as alleged in the report, forcibly the hasp of the door was unfastened by them and opened the door, Dashrath Singh flashed through torch on the face of his brother and opened attack by gun shot and the gun shot hit upon the face of Ummed Singh who instantaneously fell on the ground; thereafter, in order to kill him (informant), Dashrath Singh had to fill with cartridges. The informant then seeing his brother Ummed Singh's face profusedly bleeding because of gun shot, made escape to flee away therefrom, but he was chased by Sh hanker Singh with sword and his sword blow caused injury at his right armpit, and he was chased by these persons for some distances but he made him self escaped from there. In the way he met with Shivraj Singh & Raincharan both of whom had come to the police. The scribe of the report was allegedly Shivraj Singh. The report was lodged by Jugraj Singhs/o Bhauwar Singh and brother of Ummed Singh, at police station Khatoli (District Kota). F.I.R. No. 80/86 (Ex. P.7) was chalked out for offence punishable under Section 302/34, [PC. The police reached the place of occurrence. Site was inspected and its inspection memo was prepared. Blood stained earth was taken from the place of occurrence. Empty cartridges were recovered therefrom also, in the next morning. Autopsy of Unlined Singh was conducted and its report is Ex. P. 17. Photographs of dead body of Unlined Singh were taken vide Ex.P. 2 to P.5. Bhanwar Singh, Bhanwar Bai, Jugraj Singh, Sint. Shangar Bai, Sint. Bhanwar Ba i w/o Ummed Singh were medically examined and their injury reports are Ex. P.18 to P.22. Single barrel gun alongwith its licence were recovered at the instance of Dashrath Singh.
3. After further usual investigation and completion thereof, the police submitted charge-sheet. After committal proceedings, the accused were tried for the charges under Sections 302/34, 302, 323 & 323 read with Section 34, IPC. In all, eleven prosecution witnesses were examined. Accused persons,Shan ker Surgh, Chittar Singh, Sanwal Singh and Dashrath Singh were examined under Section 313, Cr.P.C. Six witnesses were produced in defence. Learned Sessions Judge, Kota acquitted three accused of the charges levelled against them but, convicted & sentenced present accused-appellant Dashrath Singh as indicated above. The present appellant has been acquitted of the charge under Sections 324/34 & 323/3
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