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IN THE HIGH COURT OF ALLAHABAD
GIRIDHAR MALAVIYA, K. D. SHAHI
STATE OF UTTAR PRADESH - Appellant
Versus
BABU SINGH - Respondents
G. A. 1308 Of 1979
Decided On : 07/22/1998
CRIMINAL LAW - MURDER - ACQUITTAL - EYE WITNESSES - CREDIBILITY - FALSE IMPLICATION - BENEFIT OF DOUBT:
Fact of the Case:
Seven individuals were charged with murder, rioting, and theft. The trial court convicted four of the accused, acquitting the remaining three. The state appealed the acquittals, and the convicted individuals appealed their convictions.
Finding of the Court:
The court found that the prosecution's case was based on unreliable eyewitness testimony. Two of the accused, who were named in the FIR, were in jail at the time of the incident. The court also noted that the prosecution had failed to examine two other potential eyewitnesses, whose testimony could have corroborated or contradicted the prosecution's case.
Issues: 1. Whether the eyewitness testimony was credible and reliable. 2. Whether the prosecution had established the guilt of the accused beyond a reasonable doubt.
Ratio Decidendi: The court held that the eyewitness testimony was unreliable and could not support a conviction. The court also found that the prosecution had failed to establish the guilt of the accused beyond a reasonable doubt. The court relied on the principles that an innocent person should not be convicted even if several guilty persons escape punishment and that the benefit of the doubt should be given to the accused.
Final Decision: The court dismissed the state's appeal against the acquittals and allowed the appeal of the convicted accused, setting aside their convictions and sentences.
( 1 ) IN Sessions Trial No. 76-A of 1978 seven persons, namely Babu Singh, Kuber Singh, Guman Singh, Shatrughan Singh, Ram Asrey, Jai Karan Singh and Maiyadin faced the trial under Sections 148, 302/149, 307/149 and 380, IPC out of whom Babu Singh, Kuber Singh, Guman Singh and Shatrughan Singh were convicted under Sections 323, 302/149 and 380, IPC and sentenced respectively for six months R. I. imprisonment for life and one years R. I. These accused persons were acquitted of the charges under Sections 148, 307 and 149, IPC. Accused Ram Asrey, Jai Karan and Maiyadin were acquitted of all the charges.
( 2 ) THE State preferred Appeal No. 1308 of 1979 against the acquittal of Ram Asrey, Jai Karan and Maiyadin of all the charges and alsoagainst the acquittal of Babu Singh, Kuber Singh, Guman Singh and Shatrughan Singh of the charges under Sections 148, 307 and 149, IPC.
( 3 ) BABU Singh, Kuber Singh, Guman Singh and Shatrughan Singh preferred Appeal No. 177 of 1979 against their conviction under Sections 323, 302/149 and 380, IPC.
( 4 ) SINCE both these appeals arise out of the same judgment and common questions of law and facts are involved, both the appeals are taken together for decision.
( 5 ) OUT of four convicted accused persons, Babu Singh, Guman Singh and Shatrughan Singh died and their appeal No. 177 of 1979 and the State Appeal No. 1308 of 1979 against them stood abated. Orders of abatement dated 5-8-1997 and 6-1-1998 have already been passed on the order sheet. In Appeal No. 177 of 1979, only Kuber Singh is surviving and he has been taken into custody for non appearance in Court and he is still in custody. All other surviving accused persons are on bail.
( 6 ) THE original F. I. R. was lodged against nine persons including Sheo Narain and Arjun Singh, who were admittedly in jail on the alleged date of occurrence. Therefore, they were not even charge -sheeted nor they had faced any trial.
( 7 ) THE facts of the case in brief are that Sheo Dutt (P. W. 1) lodged the F. I. R. at police station Atarra on 30-4-1976 at 8. 15 a. m. that he along with his elder brother Balbhadra Prasad was sitting at the Chabutra of Krishna Dutt and was getting himself shaved. Purushottam and Krishna Dutt were also sitting on the Chabutra. Ram Krishna was sitting near the clinic of the brother of the informant, and on the Chabutra of the clinic Kallu, Samerjeet and Rajkumar were sitting. In the meantime, all of them heard the noise of a fire. Krishna Dutt cried. The complainant and his brother rushed out of the house and saw that accused Babu Singh and Ram Asrey were pressing the grandfather of the informant. Balbhadra Prasad was lying on the Chabutra in an injured condition. The accused persons, namely, Kuber Singh, Sheo Narain, Guman Singh, Jai Karan and Maiyadin went to the clinic. All were armed with gun and lathi and they killed Ram Kishun. Raj Kumar tried to run away but he was also injured by fire. He was kept in the clinic. Sheo Narain Singh had taken the belt of cartridges and double barrel gun of Balbhadra Prasad and made two- three fires and went towards north. In the F. I. R. it was mentioned that Kuber Singh was armed with rifle. Sheo Narain Singh was armed with single barrel gun and double barrel gun of Balbhadra Prasad. Jai Karan Singh was armed with single barrel gun. Bahnoi of Sheo Narain Singh namely Shatrughan Singh was armed with double barrel gun. Arjun Singh, Guman Singh, Babu Singh and Ram Asrey were armed with lathis. They threatened every body to kill. Balbhadra Prasad and Ram Kishun died on the spot. Raj Kumar was injured. The original F. I. R. is Ext. Ka-8.
( 8 ) WE need not go into the postmortem report, injuries and other details because the factum of death of the deceased is admitted. After performing other formalities, the police submitted the charge sheet only against seven persons. They did not submit any charge sheet against Sheo Narain Singh and Arjun Singh.
( 9 ) AFTER committal of the case, t
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