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1994 Supreme(All) 86
IN THE HIGH COURT OF ALLAHABAD
Palok Basu, A. S. Tripathi
LIAQAT BHAGWANDEEN - Appellant
Versus
STATE OF UTTAR PRADESH - Respondents
Criminal Appeal 2937 Of 1979
Decided On : 01/27/1994
The court interpreted and applied the provisions of Sections 302, 304(2), 323, and 342 IPC in determining the guilt and sentencing of the appellants.
Headnote:
CRIMINAL APPEAL - SECTION 302/34, 323/34 IPC - FACTUAL MATRIX, WITNESS TESTIMONY, MEDICAL EVIDENCE, AND LEGAL PROVISIONS - INTERPRETATION AND APPLICATION - CONVICTION AND SENTENCING - PARTIAL ALLOWANCE OF APPEAL WITH MODIFICATIONS.
Fact of the Case:
The appellants were convicted under Sections 302/34 and 323/34 IPC for the murder of Shyam Manohar and causing injuries to Triloki Nath Verma. The prosecution alleged that the appellants, armed with knives, assaulted the deceased and injured the informant. The defense denied involvement and claimed false implication due to enmity.
Finding of the Court:
The court found that the prosecution had proved its case beyond reasonable doubt. The testimony of the injured witness, Triloki Nath, was found to be reliable and corroborated by medical evidence. The court held that the appellants were guilty of causing injuries to Triloki Nath under Section 323/34 IPC but acquitted them of the murder charge under Section 302/34 IPC.
Issues: 1. Whether the prosecution had proved the guilt of the appellants beyond reasonable doubt. 2. Whether the appellants were guilty of murder under Section 302/34 IPC or culpable homicide not amounting to murder under Section 304(2) IPC.
Ratio Decidendi: 1. The court held that the testimony of the injured witness, Triloki Nath, was reliable and corroborated by medical evidence. The court found that the appellants had caused injuries to Triloki Nath under Section 323/34 IPC. 2. The court held that the appellants were not guilty of murder under Section 302/34 IPC because there was no premeditation or immediate motive for the fatal injury. The court convicted appellant Badri under Section 304(2) IPC for culpable homicide not amounting to murder and sentenced him to 5 years RI. The other appellants were convicted under Section 342 IPC for wrongful confinement and sentenced to the period already undergone.
Final Decision: The appeal was partly allowed. The conviction of all the appellants under Section 323/34 IPC was maintained, but the sentence was reduced to the period already undergone. The appellants were acquitted of the charge under Section 302/34 IPC. Appellant Badri was convicted under Section 304(2) IPC and sentenced to 5 years RI. The other appellants were convicted under Section 342 IPC and sentenced to the period already undergone.
( 1 ) LIAQAT alias Bhagwandeen, his son Badri Ram Prasad alias Prasadi and his brother Babulal have filed this appeal against the judgment and order dated 30. 10. 1979 passed by Vth Addi. Sessions Judge, Kanpur where by all the appellants have been convicted under sections 302/34 I. P. C. and sentenced to life imprisonment and 323/34 I. P. C. sentenced to one year R. I. Both the sentences were directed to be run concurrently.
( 2 ) THE charge against the appellants was that on 21. 11. 1978 at about 5. 30 P. M. all the four appellants in furtherance of their common intention committed the murder of Shyam Manohar and thereby committed an offence punishable U/s 302 I. P. C. and also caused injuries to Triloki Nath Verma and thereby committed an offence punishable U/s 323/34 I. P. C. It may be mentioned here that the appellant Liaqat and Badri were said to have been armed with knives at the time of actual incident whereas the other two appellants Ram Prasad and Babulal were unarmed.
( 3 ) P. W. 1. Triloki Nath lodged a first infonnation report on 21. 11. 1978 at 5. 45 P. M. at police station Babu Purwa, Kanpur alleging therein that his brother Shyam Manohar has been done to death and he was been assaulted. All the four appellants were named in the said first information report.
( 4 ) ACCORDING to the prosecution, informant Triloki Nath and deceased Shyam Manohar had gone to appellant Liaquats Coal shop some altercation took place regarding the price charged at which Liaqat and his son Badri got infuriated and abused them. Badri appellant took out a knife, with the result that the informant and deceased ran to their house. At about 4. 45 P. M. Triloki Nath was going to purchase vegetables when he met Liaqat near the Public Latrine in village Dhakna Purwa. Liaqat told him not to feel offended and offered him to take ginger. Both went to nearby ginger shop and had taken four ounces of wine each. price of which was paid by Liaqat appellant. Then they went to Pakauri shop situated nearby. Trilok Nath remained at the pakauri shop while Liaqat appellant left the shop. When Triloki Nath started for his house and reached near the Railway Line he saw that the appellants Liaqat and Badri were assaulting his brother Shyam Manohar with Knives. As soon as he rushed to save him, the other appellants Prasadi and Babulal intervened, Prasadi floored him on the ground and Babulal gave him blows by kicks and fists At the hue and cry, several other persons such as Madar etc. arrived at which the appellants fled away. Triloki Nath found that his brother Shyam Manohar has died and leaving the body with the witnesses, he started for the police station. He mat P. W. 7 Bashiahtha Narain Jha a constable on patrol duty who was posted at outpost Babu-Purwa. However, after informing him about the murderous assault and telling him in short the incident informant did not stop there and went to police station directly P. W. 2. Satya Swaroop Yadav constable Muharrir was present who took down the dictation of Triloki Nath information, registered a case and prepared chik report. The F. I. R. has been proved as Ext. Ka 2.
( 5 ) SINCE informant Triloki Nath was having, injuries, a Majroobi Chiththhi was prepared and consequently Triloki Nath was sent to the Ursuta Hospital through Constable Suraj Singh who has filed on affidavit. Inspite of his filing of aftidavit the Trial Judge has mentioned him as P. W. 4. However, he has not been cross-examined.
( 6 ) TRILOKI Nath was medically examined on 21. 11. 1978 at 8. 10 P. M. Dr. A. K. Rastogi found the following injuries on his person:1. Abraded contusion 3. 5 cm. x 3 cm. on left temporoparietal region, 5 cm. above and front of left ear. 2. Abrasion 1 cm. x 7 cm. below of right elbow. 3. Complains of pain on left ankle outerside. The medical report further says that smell of alcohol was present in the breath but gait and speech of the victim was normal. All the injuries were found simple and fresh and were
