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IN THE HIGH COURT OF ALLAHABAD
S. K. MUKHERJEE , J. P. SEMWAL
KUNWAR - Appellant
Versus
STATE OF UTTAR PRADESH - Respondents
Criminal Appeal 3356 Of 1978
Decided On : 04/08/1993
The accused were convicted of murdering Budhai and his wife Smt. Bhanumati. The High Court confirmed the conviction and sentence.
Fact of the Case:
Budhai and his wife Smt. Bhanumati were murdered in broad daylight in their village. The accused were convicted of the murders and sentenced to life imprisonment. They appealed to the High Court.
Finding of the Court:
The High Court found that the prosecution had proved its case beyond a reasonable doubt. The evidence of the eyewitnesses was corroborated by the medical evidence. The accused were present at the scene of the crime and had exhorted their sons to commit the murders. The High Court also found that the accused had a motive for the crime, as there was a dispute over land between them and the deceased.
Issues: 1. Whether the prosecution had proved its case beyond a reasonable doubt? 2. Whether the evidence of the eyewitnesses was corroborated by the medical evidence? 3. Whether the accused were present at the scene of the crime and had exhorted their sons to commit the murders? 4. Whether the accused had a motive for the crime?
Ratio Decidendi: 1. The prosecution had proved its case beyond a reasonable doubt. The evidence of the eyewitnesses was corroborated by the medical evidence. The accused were present at the scene of the crime and had exhorted their sons to commit the murders. The accused also had a motive for the crime, as there was a dispute over land between them and the deceased. 2. The High Court relied on the following legal principles in reaching its decision: • The prosecution is not required to prove its case beyond all possible doubt. It is sufficient if the evidence is such that a reasonable person would be satisfied of the guilt of the accused. • The evidence of eyewitnesses is admissible and can be relied upon, even if it is not corroborated by other evidence. • The presence of the accused at the scene of the crime and their exhortation to their sons to commit the murders was sufficient to establish their guilt. • The existence of a motive for the crime was a relevant factor in determining the guilt of the accused.
Final Decision: The appeal was dismissed and the conviction and sentence of the accused were upheld.
( 1 ) THIS criminal appeals is directed against the Judgment and order dated 24-11-1978 passed by the Sessions Judge, Kanpur, in Sessions Trial No. 199 of 1977, whereby he recorded conviction of the appellants 1 and 2 under S. 302, I. P. C. and appellant 3, under S. 302 read with S. 34, I. P. C. , for committing murder of Budhai and his wife Smt. Bhanumati, and sentenced each of them to life imprisonment on each count. The sentences were ordered to run concurrently.
( 2 ) THE gravamen of the charge is that on 7/04/1977, at about noon in village Neoraj, P. S. Kakwan, district Kanpur, in furtherance of common intention of all, the appellants Kunwar and Lajjaram committed murder of Budhai and his wife Smt. Bhanumati. The appellant 3 Chhidda had exhorted the other two appellants to commit the said murder.
( 3 ) THE aforesaid double murder took place in village Neoraj within the limits of P. S. Kakwan, district Kanpur. This tiny village is situate at a distance of 8 miles towards west from P. S. Kakwan. The appellants 1 and 2 i. e. Kunwar and Lajjaram, are sons of the appellant 3 Chhidda who also describes himself by alias name Chhedilal. They are residents of village Neoraj. The deceased Budhai and his wife Bhanumati were also residents of the said village. The accused and the deceased are kith and kin and belong to one family.
( 4 ) ACCORDING to the prosecution case, there was a dispute between the accused and the deceased Budhai over some land and an incident of Marpeet had taken place between them about one and half year prior to the occurrence. Banwari P. W. 1 is also resident of village Neoraj and is blacksmith by profession. He has his kotha and chhappar at the out-skirt of the aforesaid village Neoraj in the south of the village Abadi, at a distance of 150 yards. His Kotha and Chappar open towards the east and Banwari runs his blacksmiths shop there. In the north of Banwaris shop is Bachchan Lals field and in the further north there exist fields of Budhai, Subedar and Chhidda. In the north of these fields there is a field of Bachchan Lal and a path-way (Dagar) runs in between these fields connecting the village Abadi and the Banwaris shop. In further north, there exists the Abadi of the village. The distance of the field of Budhai and Bachchan Lal is 100 yards from the Banwaris Kotha and 50 yards from the village Abadi. This has been shown in the site plan (Ex. Ka-9) prepared by the Investigation Officer S. I. Diwan Singh, which he has deposed to be correct according to the spot position.
( 5 ) IN the forenoon of 7-4-1977, Banwari (P. W. 1) was working at his shop. Raghunath (P. W. 3), who is resident of adjoining village Chhitarpurwa and Manni Lal (P. W. 4) and Siya Ram (P. W. 5), residents of village Neoraj, had come at the shop of Banwari with their Khurpi and Hansiya (agricultural implements) for being beaten and sharpened. At about 12 noon, deceased Budhai accompanied with his daughter Pappi alias Kunti (P. W. 2), aged about 6-7 years, came at Banwaris shop with his Hansiya and Khurpi for the said purpose. Just when Budhai was sharpening his Hansiya after it was beaten in the shop, accused Chhidda came there and after seeing Budhai went away quietly. Shortly thereafter, accused Lajja Ram armed with Lathi and accused Kunwar armed with Kulhari, emerged on the scene and they swooped on Budhai and started assaulting him. In the meantime, accused Chhidda on his arrival exhorted his sons "mushkil SE DAON LAGA HAI. MAR DO SALE KO JAN SE". Thereupon, accused Lajja Ram who as attacking Budhai with Lathi, picked up Banwaris Basoola from the shop and attacked Budhai with the said weapon. Both Lajja Ram and Kunwar hacked Budhai to death with their respective weapons. Banwari (PW 1) and other persons, who were sitting there, made protest and raised alarm but the accused scolded them to keep quiet. Smt. Bhanumati, wife of Budhai, on hearing the hue and cry, came running towards the shop of Banwari. Accused persons o
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