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2011 Supreme(Raj) 408
[Citation : 2011(1) RLW 2600 (Raj.)]
(Rajasthan High Court)
Jaipur Bench
Akram & Ors. Vs. State (Dr. Gomber, J.)
HON'BLE RAGHUVENDRA S. RATHORE, J.
HON'BLE DR. MEENA V. GOMBER, J.
Akram & Ors.
Versus
State
D.B. Criminal Appeal No. 236 of 2008, decided on 03.05.2011
Anurag Sharma, for Appellants;
Javed Choudhary, Public Prosecutor;
A.K. Gupta and Vijayant Nirman, for Complainant
Headnote:Penal Code, Secs. 302, 324/34, 323/34, 302/34; Arms Act, 1959, Sec. 3/25 — Basing conviction on the testimonies of eye-witnesses when investigation is defective — Held — When the versions given by eye-witnesses particularly injured one, are clear and cogent; inspire confidence; depicts picture clearly, their testimonies cannot be disbelieved — Mere defective examination or non-examination u/Sec. 313 Cr.P.C. is not a ground for interference, unless prejudice or miscarriage of justice is established — Acquitting the accused solely on account of defective investigation would tantamount to playing into hands of Investigating Officer, if investigation is designedly defective — Conviction affirmed. (Paras 81, 83, 90 & 91)
Appeal dismissed.
n.M lafgrk] /kkjk 302] 324@34] 323@34] 302@34( vk;q) vf/kfu;e] 1959] /kkjk 3@25 & p'en~nhn lk{khx.k ds lk{; ij nks"kflf) vk/kkfjr djuk vUos"k.k nks"kiw.kZ gks & vfHkfu/kkZfjr & tc p'en~nhn lk{kh }kjk fn;k x;k fooj.k] fo'ks"k dj ml le; tc Lo;a ?kVuk esa pksfVy gks] og Li"V ,oa lkQ gks] fo'okl izsfjr djrk gks] Li"V rLohj izdV djrk gks rks muds lk{; ij vfo'okl ugha fd;k tk ldrk & na-iz-la- dh /kkjk 313 ds rgr dsoy nks"kiw.kZ ijh{k.k ;k ijh{k.k ugha djuk rc rd gLr{ksi djus gsrq vk/kkj ugha gksrk tc rd fd i{kikr ;k U;k; dh gR;k djuk LFkkfir ugha dj fn;k tkrk & vfHk;qDr dks ,d ek= nks"kiw.kZ vUos"k.k ds dkj.k nks"keqDr djuk vUos"k.k vf/kdkjh ds gkFkksa esa [ksyus dh Js.kh esa vk;sxk] ;fn vUos"k.k ifjdYiuk iwoZd nks"kiw.kZ gks & nks"kflf) dh vfHkiqf"V dhA
vihy [kkfjt dhA ¼in la[;k 81] 83] 90] 91½
1. Akram :
Under Section 302 IPC :
Life imprisonment and fine of Rs. 500/-, in default of payment thereof to further under six months' imprisonment.
Under Section 324/34 IPC :
One year's rigorous imprisonment and fine of Rs. 200/-, in default of payment thereof to further under two months' imprisonment.
Under Section 323/34 IPC :
Three month's rigorous imprisonment.
Under Section 3/25 Arms Act :
One year's rigorous imprisonment and fine of Rs. 200/-, in default of payment thereof to further under two months' imprisonment.
2. Aslam :
Under Section 302/34 IPC :
Life imprisonment and fine of Rs. 500/-, in default of payment thereof to further under six months' imprisonment.
Under Section 324 IPC :
One year's rigorous imprisonment and fine of Rs. 200/-, in default of payment thereof to further under two months' imprisonment.
Under Section 323/34 IPC :
Three month's rigorous imprisonment.
3. Ashraf :
Under Section 302/34 IPC :
Life imprisonment and fine of Rs. 500/-, in default of payment thereof to further under six months' imprisonment.
Under Section 324 IPC :
One year's rigorous imprisonment and fine of Rs. 200/-, in default of payment thereof to further under two months' imprisonment.
Under Section 323/34 IPC :
Three month's rigorous imprisonment.
2. The version of the prosecution was unfolded on the statements (Parcha Bayan Ex.P/3) of PW-3 Hassu @ Hasmuddin an injured eye-witness and son of deceased Babu. His Parcha Bayan recorded on 16.7.2001 is to the effect that at about 6-6.30 a.m. when the complainant and his father were sleeping on the roof top (made of Patties known as 'Pattor'), all of sudden their next door neighbours namely Akram, Afzal, Aslam, Ashraf and Arif, laced with a katta, sword and Dharia came to their Pattor and his father Babu was shot on his chest by Akram by his country made pistol. On complainant's inter-vention so as to sve his father, Ashraf, besides inflicting an injury by sword on his father, did inflict one on his head also. Arif and Afzal also inflicted injuries on him as also on his father by sword. His father fell down but being scared of his life, he ran towards Mandi to call his brother Gola @ Shahzad (PW-4).
3. On hearing hue and cry, PW-1 Islam and PW-2 Munna who were passers by, came and witnessed the whole incident and took Babu to the hospital but he succumbed to the injuries on the way. At the time of this occurrence, mother of the complainant and his sister Lallo were on the ground floor of the house. It was further mentioned in the Parcha Bayan that there was a dispute between them on account of a common wall and on the preceding evening, accused persons who are next door neighbours, had threatened them to their lives and that the mother of present appellants had also uttered the words 'we will see you'.
4. On the basis of this Parcha Bayan, case No. 425/2001 was registered at P.S. Hindaun City for the offence under Sections 147, 148, 149, 302 and 120-B IPC and formal FIR was chalked.
5. During the investigation, Investigating Officer recorded the statements of witnesses, prepared panchnama laash, collected blood stained and normal 'Bajri' & 'chuna', blood stained clothes recovered the country made pistol at the instance of accused Akram whereas two swords were recovered at the instance of Aslam and Ashraf and got the post-mortem of deceased conducted and obtai
