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IN THE HIGH COURT OF ALLAHABAD
S. K. AGARWAL, U. S. TRIPATHI
SHYAM SINGH - Appellant
Versus
STATE OF UTTAR PRADESH - Respondents
Criminal Appeal 1792 Of 1980
Decided On : 07/19/2002
IDENTIFICATION - Criminal Law - Section 396, I. P. C. - 147, 398, 307 read with 149 and 302 read with 149 - [Summary of Acts and Sections: Section 396, I. P. C.] - The court analyzed the evidence and found that there was no sufficient evidence to convict the appellants Beta Lal and Shyam Singh under Section 396, I. P. C. The appeal succeeded and their conviction and sentence were set aside, leading to their acquittal of the said offence.
Fact of the Case:
The prosecution charged the appellants with offences under Sections 147, 398, 307 read with 149 and 302 read with 149, I. P. C. The appellants were convicted under Section 396, I. P. C. for attempting to commit dacoity and causing the murder of three persons. The prosecution's case was based on the identification of the appellants and their alleged participation in the attempt to commit dacoity and the resulting deaths.
Finding of the Court:
The court found that there was no sufficient evidence to convict the appellants Beta Lal and Shyam Singh. The evidence of identification was not deemed reliable, and the court concluded that the appellants were entitled to the benefit of doubt.
Issues: The main issue was the reliability of the evidence of identification and the sufficiency of evidence to establish the participation of the appellants in the attempt to commit dacoity and the resulting deaths.
Ratio Decidendi: The court's decision was based on the lack of reliable evidence of identification and the absence of sufficient evidence to establish the participation of the appellants in the alleged offences.
Final Decision: The court allowed the appeals of Shyam Singh and Beta Lal, setting aside their conviction and sentence under Section 396, I. P. C. and acquitting them of the said offence. The appellants were not required to surrender, and their bail bonds were cancelled and sureties discharged.
( 1 ) THE above two appeals have been preferred against the judgment and order dated 4-8-1980 passed by Sri Mohammad Asgar Khan, the then learned IVth Additional Sessions Judge, Etawah in Sessions Trial No. 221 of 1978 convicting both the appellants under Section 396, I. P. C. and sentencing them to undergo imprisonment for life.
( 2 ) THE prosecution story, briefly stated, was as under :-BHANU Prakash (P. W. 1) resident of village Ghasara, P. S. Achhalda, district Etawah had his house in the said village. On the night of 5-2-1978 Bhanu Prakash (P. W. 1) was sleeping on his roof (Anta) with his licensed gun and cartridges. His other family members were sleeping inside the house. At about 11 p. m. Bhanu Prakash awoke hearing noise. When he woke up he peeped from his jangala and a shot was fired towards him. He saw 8 to 10 armed dacoits in front of his house and they were firing. He took position and started firing on dacoits. Manik Lal (P. W. 2), Gajadhar (P. W. 3), Mool Chandra and other persons of the village also came to his door with lathi, danda and torches. One Rajeshwar Dayal also brought his licensed gun. Four-five dacoits climbed on the roof of Bhanu Prakash (P. W. 1 ). By shots fired by Bhanu Prakash one dacoit received injuries and fell down in the angan of Rajendra, adjacent to the house of Bhanu Prakash. Due to the pressure mounted by villagers, dacoits could not enter into the house of Bhanu Prakash. But they fired shots and Km. Meera daughter of Bhanu Prakash sustained injuries and died. Taking the injured dacoits, the other dacoits started running. In the way, the other villagers chased them. On it, the dacoits again started firing, which caused injuries to Atma Ram, Raja Ram and Rajeshwari. Atma Ram died on the spot. Raja Ram subsequently died in the hospital. Bhanu Prakash (P. W. 1) and other witnesses recognised the faces of dacoits in the light of torches possessed by the witnesses as well as the dacoits.
( 3 ) AFTER the occurrence Bhanu Prakash (P. W. 1) prepared written report (Ext. Ka-1) and lodged the same at police station Achhalda on the same night at 4 a. m. Chik F. I. R. (Ext. Ka-2) was prepared by Head Constable, Rameshwar Dayal Pathak, who made an endorsement of the same at G. D. report and registered a case under Sections 399, 402, 398, 307 and 302, I. P. C. against unknown persons.
( 4 ) INVESTIGATION of the case was taken up by Sri Parashu Ram Yadav (P. W. 4 ). He interrogated Head Moharrir at the police station and reached the spot along with Sub-Inspector Raghubir Singh and other Police Officers. He got conducted inquest of the dead bodies of Km. Meera and Atma Ram through Sub-Inspector Raghubir Singh, who prepared inquest reports (Ext. Ka-3 and Ext. Ka-4) and other relevant papers. Both the dead bodies were sealed separately and were sent for post-mortem. The I. O. inspected place of occurrence and prepared site plan (Ext. Ka-13 ). Thereafter, the I. O. interrogated Bhanu Prakash (P. W. 1), Manik Lal (P. W. 2), Gajadhar (P. W. 3) and others. He also inspected the torches of witnesses Bhanu Prakash, Ram Pratap, Manik Lal, Mahabir and Mool Chandra, found them in working order and gave them in supurdagi of their respective owners. The I. O. also took into possession bloodstained and simple earth from the place where dead bodies of Km. Meera and Atma Ram were lying and prepared separate recovery memos. Six empty cartridges of 12 bore gun and 6 empty cartridges of rifle were recovered from the spot, besides two police caps, one torch, one kerchief and one pair of rain shoe.
( 5 ) ON 6-2-1978 the I. O. Sri Parashu Ram (P. W. 4) got information through informer that residents of village Gotala had apprehended Beta Lal appellant, who had gun shot injuries. Some persons of village Ghasara, where dacoity had taken place, also reached village Gotala and identified appellant Beta Lal as one of the dacoits, who was shot at and was taken away by other dacoits. The I. O. , accordingly, a
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