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IN THE HIGH COURT OF ALLAHABAD
M. C. JAIN, M. CHAUDHARY
PRAN SINGH - Appellant
Versus
STATE OF UTTAR PRADESH - Respondents
Criminal Appeal 2324 Of 1981
Decided On : 01/20/2003
MURDER - Conviction under Section 302, I. P. C. - [302, I. P. C.] - The court discussed the motive, veracity of eye-witnesses, and age of the accused. The judgment maintained the conviction but quashed the sentence of life imprisonment based on the U. P. Children Act, 1951.
Fact of the Case:
The appellant, Pran Singh, was convicted under Section 302, I. P. C. for the murder of his maternal uncle. The prosecution relied on eyewitness testimony and medical evidence.
Finding of the Court:
The court found the appellant guilty of the murder based on the satisfactory and clinching evidence presented by the prosecution.
Issues: The issues included the motive of the accused, veracity of the eyewitnesses, and the age of the accused at the time of the incident.
Ratio Decidendi: The court emphasized that motive is immaterial in the case of direct ocular account and accepted the eyewitness testimony as credible. The court also considered the age of the accused under the U. P. Children Act, 1951.
Final Decision: The conviction under Section 302, I. P. C. was maintained, but the sentence of life imprisonment was quashed based on the U. P. Children Act, 1951.
( 1 ) THE appellant is one Pran Singh who has been convicted under Section 302, I. P. C. and sentenced to life imprisonment by Sri R. R. Jatava, the then IV Addl. Sessions Judge, Hamirpur by judgment dated 22-9-1981 passed in Sessions Trial No. 1 of 1980. One Smt. Omwati alias Gundela Wali wife of Ayodhya Prasad was also tried with him under Section 302, I. P. C. read with Section 34, I. P. C. and Section 120 B, I. P. C. , but she was acquitted.
( 2 ) DRAPED in brevity, the facts leading to this appeal are that the deceased Bihari was the material uncle of the appellant Pran Singh (hereinafter referred to as accused ). The incident took place on 28-8-1979 at about 1 p. m. in village Teli Pahari, P. S. Mahob Kanth. District Hamirpur. The report was lodged by Chhavirani PW 1 (wife of the deceased) at the concerned police station on the same day at 4. 10 pm. The distance of the police station from the place of occurrence was 3 kms. The deceased had transferred 4 Bighhas of land to the accused out of love and affection but he was not satisfied with this gift. He wanted half of the land of his maternal uncle Bihari. Another piece of previous background was that a dacoity had earlier been committed at the house of Aydohya Prasad whose wife co-accused Omwati alias Gundela Wali was. She suspected the deceased Bihari as being involved in the commission of dacoity at her house. The accused Pran Singh was thick and friendly with her. Earlier to the accident, Omwati alias Gundela Wali had offered a threat to the complainant Chhavirani PW 1, one or two days before incident that she would get her husband murdered in broad day light.
( 3 ) A day before the incident, Hari Singhs son had sold an old and used utensil made of iron of the complainant. On the fateful day at about 1 p. m. she with her husband was sitting on a slab of stone lying outside her cattle house and the house of Dal Chandra, Pradhan PW 2. Some other villagers, namely, Dal Chandra, Pradhan PW 2, Mata Din PW 3 and Hari Singh were also there. The accused Pran Singh was also sitting and talking there. After talking for sometime, all of them slep there. The deceased and the witnesses went into the nap. The accused brought an axe and struck blows on the neck of Bihari. All woke up hearing the sound of axe blows and they saw the accused causing injuries to Behari deceased with axe on his neck. The witnesses challenged him and tried to catch-hold of him but he threatened and fled away. The deceased died at the spot. The complainant Chhavirani PW 1 then went to the police station with Dal Chandra PW 2 and lodged the report of the incident by oral narration. A case was registered and investigation followed which was conducted by S. I. Malkhan Singh PW 5. It resulted in the accused with co-accused Omwati alias Gundela Wali being booked for trial ultimately culminating in the passing of the impugned judgment whereby the accused Pran Singh was convicted but the co-accused Omwati alias Gundela Wali was acquitted.
( 4 ) THE post-mortem over the dead body of the deceased was conducted on 29-8-1979 at 3. 30 pm. by Dr. A. K. Srivastava PW 6. He was aged about 40 years and about one day had passed since he died. The following ante-mortem injuries were found on his person :1. Incised wound 9 cm x 3 cm x bone deep on right side of neck extending from 3 cm above clavicle to the root of neck in back aspect up to 7th cervicle vertebrae and fracture of 7th cervicle vertebrae. Clots present. 2. Incised wound 7 cm x 3 cm x bone deep on left side of neck 8 cm below lobule of left ear. Fracture of 5th cervicle vertebrae. Clots present. 3. Incised wound 6 cm x 1 cm x bone deep on left side of neck 5 cm below injury No. 2 Fracture of 6th cervicle vertebrae. Clots present. 4. Incised wound 7. 5 cm. x 1. 5 cm x bone deep on left side of neck and 0. 2 cm below injury No. 3.
( 5 ) THE case of death was haemorrhage owing to the ante-mortem injuries which could be caused by an axe. The injuries
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