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1995 Supreme(All) 1180
IN THE HIGH COURT OF ALLAHABAD
G. P. MATHUR, KUNDAN SINGH
PARSU RAM - Appellant
Versus
STATE OF UTTAR PRADESH - Respondents
CRIMINAL APPEAL 2239 Of 1989
Decided On : 11/28/1995
N.K.SHARMA, TAJ RAM
The prosecution must prove its case beyond a reasonable shadow of doubt, and the evidence of witnesses must be reliable and worthy of credence.
Headnote:
CRIMINAL APPEAL - MURDER - DACOITY - EVIDENCE - RELIABILITY - IDENTIFICATION - MEDICAL EVIDENCE - INCISED WOUNDS - BLUNT WEAPON INJURIES - MOTIVE - INVESTIGATION - CHICK REPORT - CHITTHI MAJROOBI - INCRIMINATING ARTICLES - RECOVERY - ACQUITTAL.
Fact of the Case:
Appellants were convicted and sentenced for murder, dacoity, and other offenses. The prosecution alleged that the appellants, along with three unknown persons, committed dacoity at the house of the informant, Kishan Lal, and killed his son, Virendra Kumar. The appellants denied the charges and claimed they were falsely implicated due to enmity and party friction.
Finding of the Court:
The court found that the evidence of the prosecution witnesses was unreliable and unworthy of credence. The court noted that there were inconsistencies in the evidence regarding the source of light at the scene of the crime, and that the medical evidence did not support the prosecution's case. The court also found that the manner in which the incident was said to have taken place was not probable in the ordinary course of nature, and that the prosecution had failed to prove its case beyond a reasonable shadow of doubt.
Issues: 1. Whether the evidence of the prosecution witnesses was reliable and worthy of credence. 2. Whether the medical evidence supported the prosecution's case. 3. Whether the manner in which the incident was said to have taken place was probable in the ordinary course of nature. 4. Whether the prosecution had proved its case beyond a reasonable shadow of doubt.
Ratio Decidendi: 1. The court held that the evidence of the prosecution witnesses was unreliable and unworthy of credence because there were inconsistencies in the evidence regarding the source of light at the scene of the crime, and because the medical evidence did not support the prosecution's case. 2. The court held that the manner in which the incident was said to have taken place was not probable in the ordinary course of nature because the deceased was a young lad who could have wrestled, jarked, and taken turns to save his life, and because the accused had no motive to cause injuries to the other victims. 3. The court held that the prosecution had failed to prove its case beyond a reasonable shadow of doubt because there was no evidence of any incriminating articles or looted property being recovered from the appellants.
Final Decision: The court allowed the appeal, set aside the convictions and sentences of the appellants, and acquitted them of all charges.
( 1 ) THIS appeal has been preferred against the judgement and order dated 17-11-89, passed by Sri U. C. Saxena, the then Special Judge (D. A. A.)/iiird Additional Sessions Judge, Etah in Session Trial No. 144 of 1987, whereby appellant Parshu Ram has been convicted under Ss. 302, 395, 307/149 and 148, I. P. C. and sentenced to imprisonment for life, 7 years R. I. , 4 years R. I. andone years R. I. respectively, while Babu Ram has been convicted under Ss. 302/149, 395, 307/149 and 147 I. P. C. and sentenced to life imprisonment, 7 years R. I. , 4 years R. I. and six months R. I. , respectively. The other appellants have been convicted under Sections 302/149, 395, 307/149 and 148, I. P. C. and sentenced to imprisonment for life, 7 years R. I. , 4 years R. I. and one years R. I. , respectively and all the sentences of each of the accused appellant were directed to run concurrently.
( 2 ) THE prosecution case as set out in the F. I. R. lodged by Kishan Lal at 5. 10 a. m. on 24-7-87 at police station Malavan, District Etah, is that all the accused persons and Kishan Lal informant are residents of village Saithari, P. S. Malavan, District Etah. Accused Parshu Ram and Amar Singh are sons of accused Hari Ram, who died during the pendency of the trial. There was bitter enmity between the informant on one hand and Hari Ram and his sons on the other and litigations were pending between them. Informant Kishan Lal P. W. 1 had a dilapidated house in the village, hence he along with his family members was residing at the tube-well outside the village. On the fateful night on 23/24-7-87 at about 3. 00 a. m. Kishan Lal, his wife Smt. Ram Beti P. W. 2, son Virendra Kumar, daughter Sunita and one sister Smt. Prem Wati were sleeping at the tube-well. An electric bulb was illuminating light there. All the appellants along with Hari Ram and three unknown persons came there. Out of them, Parshu Ram and Amar Singh were armed with country made pistols, Hari Ram and Babu Ram were carrying lathis, Sukhwasi, Indra Pal and Ram Prakash were having country made pistols, while Shiv Kumar was armed with his licensed gun. They loudly exhorted to assault the informant and his family members. The complainant party woke up and the informant took out his gun and stood up by the side of a wall and cried for help. The accused persons inflicted injuries of lathis, country made pistols and licensed gun on the person of complainant and his family members. The informant also fired shot which might have hit the accused persons. Amar Singh and Hari Ram caught hold of Virendra Kumar son of the informant and Parshu Ram fired shots with his country made pistol which hit the stomach of Virendra Kumar. He fell down on receiving the gun shot injuries. Amar Singh, Hari Ram, Parshu Ram and Babu Ram entered into the room of Tube-well and had taken away a box containing clothes of the informant and his son. They also took away gullak (Cash Box) containing currency notes of Rs. 10,500. 00 which were kept for purchasing the sugar of ration and Jewellery of his daughter Mithlesh. Informant also sustained injuries. Shiv Kumar fired a shot with his licensed gun causing gunshot injuries on the person of informant. Mahendra P. W. 3, Bansi, Ram Swarup and Latoori residents of the village attracted to the scene of occurrence on the hue and cry raised by the complainant and his family members. The witnesses threw brick-bats and chased the accused persons. Virendra Kumar died on the spot. The informant and other family members also sustained injuries during the incident.
( 3 ) THE informant got a report scribed from the Durga Prasad and sent it through his brother Ram Swarup to the police station, who lodged it at the Police Station, Malavan (Etah) at 5. 10 a. m. on 24-7-87, the distance being 12 kms. from the place of occurrence.
( 4 ) SRI Narendra Singh Bargoti, S. O. (P. W. 7), took up the investigation of the case in his hand. He recorded the statement of Narendra Chandr
