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2007 Supreme(All) 1345
IN THE HIGH COURT OF ALLAHABAD
Hon. R. C. Deepak, J, Hon. Vijay Kumar Verma, J.
STATE OF UTTAR PRADESH - Appellant
Versus
RAM MURTI - Respondents
Government Appeal 2762 Of 1981
Decided On : 05/01/2007
The main legal point established in the judgment is that the testimony of witnesses should not be discarded on fanciful grounds or on the basis of conjectures and surmises, and that the weakness of the investigation is not a ground to reject the direct testimony of the prosecution witnesses.
Headnote:
MURDER - JURISDICTION - IMPROVEMENT IN WITNESS STATEMENTS - INCONSISTENCY IN OCULAR AND MEDICAL EVIDENCE - LATCHES OF INVESTIGATING OFFICER - FIRST INFORMATION REPORT - TESTIMONY OF WITNESSES - NON EXAMINATION OF WITNESS - APPEAL AGAINST ACQUITTAL
Fact of the Case:
The State of U. P. has appealed against the judgment and order dated 13. 08. 1981 passed in S. T. No. 248-A of 1980 by the Sessions Judge Pilibhit, who acquitted the accused-respondents of the charge under section 302 read with section 34 IPC. The murder of two real brothers named Rudra Pal and Dharam Pal was committed at about 8. 00 a. m. on 02. 07. 1980. The joint first information report of both murders was lodged on 02. 07. 1980 at P. S. Bisalpur, District Pilibhit by Jaskaran Pal, S/o the deceased Rudra Pal. The case of prosecution, in brief, is that on the day of occurrence Rudra Pal and Dharam Pal along with the servant Bhajan Lal (P. W. 2) had gone to their field situated in village Rampura Parvin and started the work of constructing the mend. A little before 8. 00 a. m. Km. Munni Devi (P. W. 3) D/o Dharam Pal (deceased) along with her cousin brother Mohan Swaroop @ Ballu S/o her another uncle came to the field bringing the breakfast for Dharam Pal and servant Bhajan Lal. As the breakfast for Rudra Pal was not brought, he was asked by Dharam Pal to go home and take his breakfast there and also to give fodder etc. to the cattle. It is alleged that thereafter, Rudra Pal left the field leaving Dharam Pal, Bhajan Lal, Km. Munni Devi and Ballu there. In the way, when Rudra Pal reached near the field of Kedar Nath, at about 8. 00 a. m. , he was way-laid by four persons named Deena Nath, Subhash, Fattey Chand and Komil who committed his murder. At about the same time, the respondents/accused Ram Murti, Ramesh, Siyaram and Banwari armed with Bhallas and Kantas came to the field of Dharam Pal and caused injuries to him with their weapons, due to which he succumbed to the injuries at the spot.
Finding of the Court:
The court found that the murder of Dharam Pal was committed by the accused-respondents and that the findings of acquittal by the trial judge were unreasonable and perverse.
Issues: The issues included inconsistency in ocular and medical evidence, latches of the investigating officer, first information report, testimony of witnesses, non-examination of witness, and improvement in witness statements.
Ratio Decidendi: The court held that the testimony of the witnesses Bhajan Lal and Km. Munni Devi was reliable and convincing, and their improvements in statements were not material enough to discard their testimony. The court also found that the investigation without jurisdiction and non-examination of witness Ballu did not vitiate the case of the prosecution.
Final Decision: The Government Appeal was allowed, and the accused-respondents were convicted under section 302 read with section 34 IPC and sentenced to undergo imprisonment of life and to pay a fine of Rs. 5000 each.
( 1 ) STATE of U. P. has preferred this appeal against the judgement and order dated 13. 08. 1981 passed in S. T. No. 248-A of 1980 by the Sessions Judge Pilibhit, who acquitted the accused-respondents of the charge under section 302 read with section 34 IPC.
( 2 ) MURDER of two real brothers named Rudra Pal and Dharam Pal was committed at about 8. 00 a. m. on 02. 07. 1980. Instant appeal relates to the murder of Dharam Pal, whose murder is said to have been committed in his own field situated in village Rampura Parvin, P. S. Bhuta, District Bareilly. The murder of Rudra Pal is said to have been committed in the field of one Kedar Nath, situated in village Richhola, P. S. Bisalpur, District Pilibhit.
( 3 ) JOINT first information report of both murders was lodged on 02. 07. 1980 at P. S. Bisalpur, District Pilibhit by Jaskaran Pal, S/o the deceased Rudra Pal. The case of prosecution, in brief, is that on the day of occurrence Rudra Pal and Dharam Pal along with the servant Bhajan Lal (P. W. 2) had gone to their field situated in village Rampura Parvin and started the work of constructing the mend. A little before 8. 00 a. m. Km. Munni Devi (P. W. 3) D/o Dharam Pal (deceased) along with her cousin brother Mohan Swaroop @ Ballu S/o her another uncle came to the field bringing the breakfast for Dharam Pal and servant Bhajan Lal. As the breakfast for Rudra Pal was not brought, he was asked by Dharam Pal to go home and take his breakfast there and also to give fodder etc. to the cattle. It is alleged that thereafter, Rudra Pal left the field leaving Dharam Pal, Bhajan Lal, Km. Munni Devi and Ballu there. In the way, when Rudra Pal reached near the field of Kedar Nath, at about 8. 00 a. m. , he was way-laid by four persons named Deena Nath, Subhash, Fattey Chand and Komil who committed his murder. This incident is said to have been witnessed by the informant Jaskaran Pal (P. W. 1) and Har Prasad. At about the same time, the respondents/accused Ram Murti, Ramesh, Siyaram and Banwari armed with Bhallas and Kantas came to the field of Dharam Pal and caused injuries to him with their weapons, due to which he succumbed to the injuries at the spot. This incident was witnessed by Bhajan Lal (P. W. 2), Munni Devi (P. W. 3) and Ballu. It is said that Km. Munni Devi on account of fear rushed towards the village and Bhajan Lal along with Ballu went towards adjoining village Rampura Parvin. The accused Ram Murti and Ramesh were armed with Bhalas whereas the accused Siyaram and Banwari were armed with Kantas. When the informant was standing near the dead body of his father Rudra Pal, P. W. 3 Km. Munni Devi came there and informed him about murder of her father Dharam Pal. It is said that Deena Nath and Siyaram etc. used to graze their cattle in the field of informant, thereby causing damage to the crops, for which Rudra Pal and Dharam Pal had asked them many times not to cause damage, due to which these persons were having enmity with family members of the informant.
( 4 ) ON seeing the murder of his father Rudra Pal and getting information regarding murder of his uncle Dharam Pal, the informant Jaskaran Pal went to P. S. Bisalpur District Pilibhit and lodged the first information report there. Case under section 302 IPC was registered against Deena Nath, Subhash, Fattey Chand and Komil for the murder of Rudra Pal and against Ram Murti, Ramesh, Siyaram and Banwari for the murder of Dharam Pal at Case Crime No. 188 of 1980. Sub Inspector Indra Pal Malik (P. W. 5) was present at P. S. Bisalpur at the time of lodging the FIR. He started investigation immediately and after recording the statement of Jaskaran Pal and Head Moharrir Brij Ram Sharma, he along with other police personnel proceeded to the place of occurrence and reached there on 03. 07. 1980 in the morning as boat could not be made available on 02. 07. 1980 to cross the river. After conducting inquest proceeding on the dead body of Rudra Pal, P. W. 5 S. I. Indra Pal
