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IN THE HIGH COURT OF ALLAHABAD
B. K. SHARMA
PUNNI - Appellant
Versus
STATE OF UTTAR PRADESH - Respondents
CRIMINAL APPEAL 2921 Of 1980
Decided On : 05/21/1999
CRIMINAL APPEAL - DAOCITY - ASSEMBLY AND PREPARATION TO COMMIT DAOCITY - EVIDENCE - APPRECIATION - ABSENCE OF INJURIES ON ACCUSED PERSONS - ABSENCE OF MEDICAL EVIDENCE - ABSENCE OF G. D. ENTRY - DOUBTFUL TESTIMONY OF PROSECUTION WITNESSES - DEFENCE EVIDENCE OF ENMITY AND PRIOR COMPLAINTS - ACQUITTAL OF ACCUSED PERSONS.
Fact of the Case:
The prosecution alleged that the accused-appellants assembled in a grove with the intention of committing dacoity in a nearby village. The police, acting on information received from an informer, raided the grove and arrested the accused-appellants along with weapons and ammunition. The accused-appellants denied the allegations and claimed that they were falsely implicated due to enmity with the prosecution witnesses.
Finding of the Court:
The court found that the prosecution evidence was unreliable and full of contradictions. The investigating officer and the Station House Officer, who were key witnesses in the case, did not testify at the trial. The site plan prepared by the investigating officer showed that the grove where the accused-appellants were allegedly arrested was surrounded by other groves and fields, making it unlikely that they could have assembled there without being noticed. The court also noted that there were no injuries on the accused-appellants or the police officers involved in the raid, and that there was no medical evidence to support the prosecution's claim that the accused-appellants had been beaten during the arrest. The court further found that the prosecution witnesses had given contradictory statements and that their testimony was not corroborated by any independent evidence. The court also considered the defence evidence, which included evidence of enmity between the accused-appellants and the prosecution witnesses, and evidence of prior complaints filed by the accused-appellants against the prosecution witnesses.
Issues: 1. Whether the prosecution had proved beyond reasonable doubt that the accused-appellants had assembled and prepared to commit dacoity? 2. Whether the evidence of the prosecution witnesses was reliable and trustworthy? 3. Whether the defence evidence of enmity and prior complaints raised a reasonable doubt about the prosecution case?
Ratio Decidendi: The court held that the prosecution had failed to prove beyond reasonable doubt that the accused-appellants had assembled and prepared to commit dacoity. The court found that the prosecution evidence was unreliable and full of contradictions, and that the defence evidence of enmity and prior complaints raised a reasonable doubt about the prosecution case. The court also noted that the absence of injuries on the accused-appellants and the absence of medical evidence to support the prosecution's claim that the accused-appellants had been beaten during the arrest further weakened the prosecution case.
Final Decision: The court allowed the appeal, set aside the conviction and sentence of the accused-appellants, and acquitted them of all charges.
( 1 ) THIS is an appeal against the judgment and order dated 29-11-1980 passed by Sri Sanwal Singh, the then VIth Additional Sessions Judge, Etawah in S. T. No. 406 of 1978 State v. Punni and 5 others, whereby he convicted the accused-appellants Punni, Munshi, Saligram, Sultan, Ram Murti and Ram Bharose of the offence under Section 399, I. P. C. and sentenced seven of them to undergo R. I. for a period of 4years, convicted each of one them of the offence under 402, I. P. C. and sentenced them to undergo R. I. for a period of 2 years and further convicted each one of them of the offence under Section 27 of the Arms Act and sentenced them to undergo R. I. for a period of 6 months and the sentences were ordered to run concurrently.
( 2 ) HEARD counsel for the parties.
( 3 ) THE prosecution story, briefly stated, was that on 15-10-1977, when Ram Charan Singh S. O. and Gaya Prasad, A. S. I. posted at police station Sikanderpur Vesh, District Etah, were together in the circle, the S. O. received information from a reliable informer that the gang of Punni Habda could assemble in the grove of Pandit Lakhan Singh of Rani Damar at about 1. 00 a. m. in the night for committing dacoity and would loot Nagla Karan, that thereupon the S. O. and A. S. I. called for Neksey and Sri Pal witnesses from Nagla Abdal along with their licensed fire arms through constable Bhanwar Singh and taking them went towards Rani Damar and after reaching near Rani Damar, called Ram Prakash PW 2, Ranvir, Dev Singh and Soran Singh witnesses from that place, that out of them, Ram Prakash PW 2 was a licence holder, that after it they reached near the Kotha of Pradhan and told the witnesses about the purpose of calling them and mutual search was also taken to ensure that no one had any illicit weapon with him, that then two parties were formed by the S. O. , party No. 1 in his leadership which also included Ram Prakash PW 2 and Party No. 2 in the leadership of Gaya Prasad A. S. I. PW 1 in which there were some members of the police force and some public witnesses, that after necessary instructions were given by the S. O. the two parties reached near the grove of Lakhan at 11. 00 p. m. and there party No. 1 took position towards East of the grove in the Aar of Mend and Party No. 2 took position towards the North of the grove in the Aar of Khanyee and they started waiting for the arrival of the dacoits, that after some time some dacoits entered in the grove and sitting in it started smoking Biri and cigarette and conversing with each other, that one of the dacoits was over heard saying, "nagla CHHOTA HI HAI. USTAD NAHIN AAYE HAIN DARNE KI KOYEE BAT NAHIN HAI CHALO CHALKAR LOOT LENGEY," that from it the two police officers got satisfied that it is a gang of dacoits assembled for the purpose of committing dacoity and preparing to commit dacoity, that the S. O. challenged the dacoits that they are under siege and commanded them to surrender their weapons and themselves telling them that in case they tried to run or did not surrender their weapons, they would be done to death, that at that time Hajari Singh, head constable fired a V. L. P. shot which created a flood of light due to which the dacoits started running helter and skelter and both the police parties raided them and arrested all the 6 accused appellants at the spot while three of their companion managed to escape, that they disclosed their names to the police and on search being taken, one gun and 8 live cartridges were recovered from Punni accused appellant, one Tamancha and 4 live cartridges were recovered from Munshi accused-appellant, one Tamanch and 5 live cartridge, and one torch were recovered from Saligram accused-appellant, one Tamancha and 3 live cartridges were recovered from Sultan accused-appellant, one Bhala and a torch were recovered from Ram Murti accused appellant, for which they had no licence and a Lathi of Bamboo was recovered from the possession of Ram Bharose accused-appella
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