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IN THE HIGH COURT OF ALLAHABAD
M. C. JAIN, K. K. MISRA
NARAIN - Appellant
Versus
STATE - Respondents
Crl. Appeal 1170 Of 1981
Decided On : 09/16/2004
Criminal Appeal - Conviction under Section 302, IPC and Sections 307, IPC and 147, IPC - [IPC Section 302, IPC Section 307, IPC Section 147] - The court upheld the conviction of the accused appellant Narain under Sections 302 and 307, IPC with sentences of life imprisonment for the former and ten years rigorous imprisonment for the latter offense. The conviction of the accused appellant Roshan under Section 147, IPC was set aside and he was acquitted. The appeal partly succeeded.
Fact of the Case:
The case involved an incident where the accused appellants assaulted the informant's family, resulting in the death of the informant's brother and injuries to the informant's father. The accused appellants denied the prosecution story, claiming self-defense.
Finding of the Court:
The court found the accused appellant Narain guilty of murdering the informant's brother and attempting to murder the informant's father. The court acquitted the accused appellant Roshan due to lack of specific evidence of his involvement in the assault.
Issues: The key issues included the explanation for injuries of the accused in the F. I. R., the claim of self-defense by the accused, and the identification of the assailants involved in the assault.
Ratio Decidendi: The court held that the absence of an explanation for the injuries suffered by the accused in the F. I. R. was not fatal to the prosecution case, as the oral evidence provided an explanation. The court also rejected the claim of self-defense by the accused, emphasizing that the accused became offensive without justification. Additionally, the court acquitted the accused appellant Roshan due to lack of specific evidence of his involvement in the assault.
Final Decision: The court upheld the conviction and sentences of the accused appellant Narain under Sections 302 and 307, IPC, while setting aside the conviction of the accused appellant Roshan under Section 147, IPC. The appeal partly succeeded.
( 1 ) THIS Criminal Appeal has been filed against the judgment and order dated 20-5-1981 passed by Shri M. P. Singh, the then IV Addl. Sessions Judge, etah in Sessions Trial No. 46 of 1980 whereby he has convicted the appellant Narain under Section 302, IPC and Sections 307. IPC and 147, IPC and sentenced him to undergo life imprisonment, ten years R. I. and two years R. I. respectively. Accused Asa Ram, sri Ram, Pokhpal and Roshan have been convicted under Section 302, IPC read with section 149, IPC and Section 307, IPC read with Section 149, IPC and sentenced to undergo life imprisonment and ten years R. I. respectively. Accused Sri Ram and Pokhpal have been further convicted under Section 147, IPC and sentenced to two years R. I. Accused Asa Ram has been further convicted under Section 148, IPC and sentenced to three years R. I. However, all the sentences have been directed to run concurrently.
( 2 ) THE facts narrated in the F. I. R. are that P. W. 2 Ram Dayal, informant was ploughing his plot at about 7. 00 a. m. His brother deceased Dhani Ram was cutting grass. His father Govind Ram was sitting nearby. All of a sudden, Asa Ram armed with gun, Narain armed with Lathi, Sri Ram armed with spear, Pokhpal. Charan Singh, roshan and Ram Singh armed with Lathis, arrived there. Soon on arrival Narain Singh at once gave a Lathi blow to the informants father Govind Ram, hitting him on his head. Dhani Ram, brother of informant, rushed and snatched the Lathi from Narain. Narain thereupon snatched the gun from the hands of his father Asa Ram and fired at Dhani ram with the intention to kill him. The shot hit Dhani Ram and he fell down. Sri Ram, charan Singh and Roshan assaulted with lathis and spears. Ram Singh, Pokhpal and mohan Lal instigated and said "put them to death" (Maar do Salon Ko ). Witnesses bhojraj Singh, Asharfi Lal, Fateh Singh and several others from the village arrived there, saw the occurrence and intervened. The accused persons fled away towards the village. The informant went to the village and arranged a bullock cart through which he took his father and brother to the village and got scribed a report from Asharfi Lal and went to the police station along with his brother, dhaniram and father Govind Ram. He lodged the F. I. R. at the police station Jalesar, district Etah at 10. 30 a. m. A case was registered. The injured were sent to hospital.
( 3 ) DHANI Ram was medically examined by P. W. 1 Dr. R. S. Pratihar on 22-7-1979 at 11. 30 a. m. He had sustained gun-shot injuries. He was in serious condition and was semi-conscious. He succumbed to his injuries at 11. 43 a. m. and Dr. Pratihar reported the factum of his death to S. O. The case was converted under S. 302, IPC. Constable madan Singh had brought the information of the death of Dhani Ram at the Police Station. S. I. Chandra Bhan Sharrna P. W. 7 went to the hospital and held inquest. He prepared other necessary papers and sent the dead body for postmortem.
( 4 ) DR. Surendra Nath, P. W. 6 conducted post mortem examination on the dead body of the deceased Dhani Ram on 23-7-1979 at 4. 30 p. m. He was aged about 35 years and about 1-1/4 day had passed since he died. He found the following ante mortem injuries on the dead body:1. Fire arm wound of entry 4 x 4 cms. x abdominal cavity deep on the right thigh just below the inguinal ligament. Margins inverted. Blackening and tattooing present. 2. Multiple fire arm wounds of entry around injury No. 1 in an area of 20 cm. x 15 cm. on the right lower abdomen, 10 cms. below umbilicus and 1/3 upper portion of thigh anteriorly. Average size is 1/4 x 1/4 cm. All were skin and sub-cutaneous deep.
( 5 ) THE doctor opined that the death of the deceased was caused due to shock and haemorrhage as a result of ante-mortem injuries.
( 6 ) IT may also be stated that Dr. Pratihar had found the following injuries on the person of Govind Ram :1. Lacerated wound 6 cms. x 1 cm. x muscle deep on left side of head, 10 cm. ab
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