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IN THE HIGH COURT OF ALLAHABAD
U. S. TRIPATHI
KANSA ALIAS KANSRAJ - Appellant
Versus
STATE OF UTTAR PRADESH - Respondents
CRIMINAL APPEAL 473 Of 1981
Decided On : 02/01/2002
IDENTIFICATION - Criminal Law - Indian Penal Code - Section 396 - Summary: The court discussed the evidence of identification and the sufficiency of light for witnesses to recognize the faces of the dacoits. It highlighted the lack of special identifying features and the delay in conducting the identification parade, ultimately leading to the appellant's acquittal.
Fact of the Case:
A dacoity took place in the house of Raj Narain, resulting in the death of Ram Adhar. The appellant was convicted under section 396 IPC based on identification evidence.
Finding of the Court:
The court found that the prosecution successfully proved the factum of dacoity and death of Ram Adhar. However, it held that the identification evidence was not reliable due to the lack of special identifying features and the delay in conducting the identification parade.
Issues: The key issue was the reliability of the identification evidence and the sufficiency of light for witnesses to recognize the faces of the dacoits.
Ratio Decidendi: The court's decision was influenced by the lack of special identifying features and the delay in conducting the identification parade, leading to the appellant's acquittal.
Final Decision: The appellant's conviction and sentence under section 396 IPC were set aside, and he was acquitted of the said offence.
( 1 ) THIS appeal has been directed against the judgment and order dated 17-2-1981, passed by Sri D. C. Srivastava, the then Addl. Sessions Judge, Gyanpur, district Varanasi in S. T. No. 9 of 1980, convicting the appellant under section 396 IPC and sentencing him to undergo R. I. for a period of seven years and to pay a fine of Rs. 500. 00. In default of payment of fine he was further sentenced to undergo one year s R. I.
( 2 ) THE prosecution story, briefly stated, was as under :-RAJ Narain (PW4) had his house at village Pandeypur, P. S. Suriyawa, district Varanasi. Ram Adhar deceased was uncle of Raj Narain (PW4 ). On the night of 16-10-1979, Raj Narain was sleeping in his verandah of Dalan. Ram Adhar, deceased was sleeping outside the house under a Neem tree. Ladies of his house were sleeping inside the house. At about 10-11 p. m. 10-11 dacoits armed with country made pistols, lathis and torches came to the house of Raj Narain, (PW4 ). The dacoits caused injuries to Raj Narain (PW4 ). On his alarm Ram Adhar, deceased woke up and tried to save him. One of the dacoits caused lathi injury on him and other one fired country made pistol. Thereafter the dacoits broke open the main door of the house and by entering into the house started looting the household prop-erties including the ornaments of the ladies and clothes. Hearing the alarm Jagdamba (PW1), Ram Singar (PW3) and others came to the spot, flashing their torches. One Harihar set fire in the nearby hut, which emitted sufficient light. The inmates of the house and the witnesses recognised the faces of the dacoits in the light of the torches and flames of burning hut. When the accused left the spot. Raj Narain (PW4) came to Ram Adhar and found him dead.
( 3 ) RAJ Narain (PW4) prepared report Ext. Ka-1 of the occurrence and came to the police station Suriyawa in the same night at 4. 00 a. m. and lodged the report. Chick F. I. R. Ext. Ka-10 was prepared by constable Shri Nath, who made an endorsement of the same at GD report, Ext. Ka-11 and registered a case under section 396 IPC against unknown persons.
( 4 ) RAJ Narain (PW4) was sent to Primary Health Centre Suriyawa for medical examination, where he was medically examined at 7. 30 a. m. on 17-10-79 by Dr. Rajendra Mani Tripathi (PW12), who found one incised wound on the left side of root of neck, two lacerated wounds on left side of chest and right side of chest respectively, five abrasions and one contusion.
( 5 ) THE investigation of the case was taken up by Sri Ram Sanjeevan Singh (PW13 ). The I. O. proceeded to the sopt along with the police force. The dead body of Ram Adhar was lying on the spot. Inquest of the dead body was conducted and inquest report and other relevant papers were prepared. Thereafter the I. O. went to Primary Health Centre, Suriyawa, where he interrogated Raj Narain (PW4 ). He again came to the sopt and interrogated Smt. Ganga Devi (PW2) and other witnesses. He inspected the place of occurrence and prepared site plan Ext. Ka-12. He also took into possession blood stained and simple earth and prepared recovery memo Ext. Ka-
( 6 ) HE inspected the lantern and prepared recovery memo. Sample of burnt ashes of hut was also taken into possession and recovery memo Ext. Ka-16 was prepared. The I. O. also recovered empty cartridge and blasted cracker from the spot and prepared recovery memo Ext. Ka-17 and 18. He also inspected the boxes from which articles were looted and prepared recovery memo Ext. Ka-19. The I. O. also inspected the torches of Laxmi Narain and Om Prakash and prepared inspection memo Ext. Ka-21. A bag and a lungi left by the dacoits were also found on the spot, which were taken into possession by the I. O. vide recovery memo Ext. Ka-22. On 18-10-79, the I. O. interrogated Jagdamba Prasad (PW1) and Ram Singar (PW3 ).
( 7 ) THE autopsy on the dead body of Ram Adhar was conducted on 18-10-79 at 7. 30 a. m. by Dr. J. S. Pawar (PW10), who found the following ante mortem injuri
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