1988 Supreme(Raj) 704
RAJASTHAN HIGH COURT AT JAIPUR BENCH
S.N.Bhargava, S.S.Vyas, JJ.
Ram Singh and ors. - Appellant
Versus
State - Respondent
D.B. Cr. Appeal No. 313 of 1987.
Decided On : 10-08-1988
The court emphasized the importance of evaluating eyewitness accounts, medical evidence, and physical evidence in determining the culpability of accused individuals in criminal cases.
Headnote:
CRIMINAL APPEAL - SECTION 302, 307 IPC - FACTUAL MATRIX INVOLVING FATAL BLOW/INJURIES CAUSED TO VICTIMS BACCHU AND DARBI - ANALYSIS OF EYEWITNESS ACCOUNTS, MEDICAL EVIDENCE, AND RECOVERY OF WEAPONS - DETERMINATION OF CULPABILITY AND APPROPRIATE SENTENCING.
Fact of the Case:
The case involved a violent incident where two individuals, Bacchu and Darbi, sustained fatal injuries during an altercation over land distribution. The prosecution presented six eyewitnesses, including Mohan Lal, Bedu, Balbeer Singh, Sondei, and Banay Singh, who provided accounts of the incident implicating the accused-appellants, Ram Singh and Mohar Singh, as the perpetrators of the fatal blows.
Finding of the Court:
The court meticulously examined the evidence, including the statements of eyewitnesses, medical reports, and recovery of weapons, to determine the culpability of the accused-appellants. The court found that Ram Singh was responsible for inflicting the fatal blows on Bacchu and Darbi, while Mohar Singh was responsible for inflicting a grievous injury on Bedu.
Issues: 1. Whether the eyewitnesses' accounts were credible and reliable in establishing the guilt of the accused-appellants. 2. Whether the medical evidence and recovery of weapons corroborated the eyewitnesses' testimonies. 3. Whether the accused-appellants could be held liable for the fatal injuries sustained by Bacchu and Darbi, and the grievous injury sustained by Bedu.
Ratio Decidendi: 1. The court evaluated the eyewitnesses' testimonies, considering their consistency, corroboration with other evidence, and the absence of any motive to falsely implicate the accused-appellants. 2. The court relied on the medical evidence, including post-mortem reports and the doctor's testimony, to establish the nature and extent of the injuries sustained by the victims. 3. The court considered the recovery of weapons, including a Ballam and a Farsa, and the accused-appellants' information leading to their recovery, as corroborative evidence linking them to the crime.
Final Decision: The court upheld the conviction of Ram Singh under Section 302 IPC for causing the fatal injuries to Bacchu and Darbi, sentencing him to life imprisonment and a fine. However, the court quashed Ram Singh's conviction under Section 302/34 IPC, but maintained his conviction under Section 307 IPC for inflicting a grievous injury on Bedu, sentencing him to five years' rigorous imprisonment and a fine.
JUDGMENT
1. - This is an appeal against the judgment dated 23.7.87 passed by the Additional Sessions Judge No. 1 Bharatpur, convicting and sentencing the appellants as under : | Ram Singh |
|
| U/s 302 IPC - | Life imprisonment and a fine of Rs. 500/-, in default, two months' R.I. |
| U/s 307 r/w 34 IPC - | 5 years' R. I. and a fine of Rs. 250/-, in default, one month's R.I. |
| Mohar Singh |
|
| U/s 302 r/w 34 IPC - | Life imprisonment and a fine of Rs. 500/-, in default of payment of fine, 2 months' R.I. |
| U/s 307 IPC - | 5 years' R.I. and a fine of Rs. 250/- in default of payment of fine, one month's R.I. |
2. On 7.12.1984, a wireless message was received at Police Station Kumher at about 6 p.m., from R.A.C. Post, Gunsara, to the effect that one person had died in Village Ajan, whereupon the Station House Officer Durga Prasad (PW-20) left for the place of incident and reached there at about 8 p. m. and recorded Ex. P. 1 statement of Mohan Lal (PW-1) wherein he stated that in the morning, Darbi and Ram Singh, who are brothers, wanted some bricks for making construction and when he was making construction, Nahar Singh and Manso objected and asked them not to do so as the land was theirs. Thereupon Darbi told that let us distribute and there was some altercation at that time. Later, in the evening at about 4-4.30 p.m. when he was sitting near his Nohara, where Darbi and Sedu were enjoying fire, near the bricks, his son Bacchu came who was followed by accused appellant Ram Singh, Mohar Singh and, Nahar s/o Manea, Deevan, Gopal, Saraswati wife of Ram Singh, who were armed with weapons. Ram Singh had a Ballam in his hand, whereas Mohar Singh and Nahar Singh had Farsa while others had lathies. Mst. Sarbati had a Khurpa in her hand. His son Ram Singh bogged excuse with folded handa but accused Ram Singh inflicted a blom by Ballam on his stomach. Bacchu fell down. Nahar Singh inflicted a Farsa blow in the stomach of Darbi as a result his intestines came out. Badu Ram was also inflicted injury by a Farsa, by Mohar Singh. Other accused also gave beating. His two other sons Bane Singh and Balveer Singh had witnessed the incident.
3. On the basis of Ex. P. 1, regular FIR (Ex. P. 15) was registered at 10.15 p. m. Challan was filed against seven accused persons and the case was committed to the Court of Sessions. During trial, Nahar Singh, one of the accused persons and brother of the accused-appellants, was absconding. The case was tried against six persons out of which three were acquitted and one Gopal was convicted u/s 323 IPC and as released on probation while the present appellants were convicted, as aforesaid. Accused Ram Singh was arrested on 30-1-1985, vide Ex. P. 28. He is alleged to have given information (Ex.P. 30) on 3-2-85 as a result whereof, a Ballam had been recovered, vide Ex.P.9. Mohar Singh also gave information vide Ex.P.31 on 3-2-85 and a Farsa was recovered, vide Ex. P. 10. Both these articles were sent to the Chemical Examiner and Ex. P. 43 and Ex. P. 44 are the reports which show that both of the had human blood but blood grouping was not possible.
4. Prosecution has examined six eye witnesses, out of whom, PW-6 Tulsi, mentioned in the FIR, has not supported the prosecution and has been declared hostile. Mohan Lal (PW-1) in his statement recorded in the court has made some improvements from his earlier statement (Ex. P-l) and that recorded u/s 161 Cr.P.C. In the court, he has stated that Ram Singh inflicted a blow by Ballam on the chest of Bacchu and also behind the neck and Mohar Singh and Nahar Singh inflicted Farsi blow on Dalvi's head. Ram Singh inflicted a Ballam blow on the stomach of Darbi. Mohar Singh inflicted a Farsa below to Bedu. When he was confronted with his Parcha Bayan (Ex. P-1), wherein he had stated that Nahar Singh inflicted the Farsi blow to Darbi as a result of which his intestines had come out, he stated that he does not remember whether he had given this state
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