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1993 Supreme(All) 381
IN THE HIGH COURT OF ALLAHABAD
O. P. PRADHAN, A. S. TRIPATHI
BHAGWATI PRASAD - Appellant
Versus
STATE OF UTTAR PRADESH - Respondents
Criminal Appeal 1462 Of 1979
Decided On : 08/19/1993
S.P.SINGH RAGHAV
The prosecution must prove its case beyond a reasonable doubt in order to secure a conviction.
Headnote:
CRIMINAL LAW - MURDER - CONVICTION - EVIDENCE - EYE-WITNESSES - INIMICAL AND PARTISAN - TESTIMONY NOT INSPIRING CONFIDENCE - PROSECUTION CASE NOT PROVED BEYOND DOUBT - APPELLANTS ACQUITTED.
Fact of the Case:
The appellants were convicted of murder and robbery. The prosecution case was that the deceased was a money lender and the appellants had borrowed money from him. The deceased had filed a civil suit against the appellants and obtained a decree. The appellants had filed an appeal against the decree. On the date of the occurrence, the deceased and his son were going to court for the hearing of the appeal. The appellants were sitting in bushes and attacked the deceased when he reached near a pulia. They killed him and looted his wrist-watch and a plastic bag. The appellants were arrested and charged with murder and robbery.
Finding of the Court:
The court found that the prosecution witnesses were highly inimical and partisan. They were also chance witnesses. The presence of the deceased's son at the time of the occurrence was doubtful. The time and place of occurrence were also not fixed and were doubtful. The testimony of the prosecution witnesses did not inspire confidence. The court found that the charges against the appellants were not proved beyond doubt and acquitted them.
Issues: 1. Whether the prosecution witnesses were reliable and trustworthy? 2. Whether the time and place of occurrence were proved beyond doubt? 3. Whether the prosecution had proved the charges against the appellants beyond doubt?
Ratio Decidendi: 1. The court held that the prosecution witnesses were not reliable and trustworthy because they were highly inimical and partisan. They were also chance witnesses. The presence of the deceased's son at the time of the occurrence was doubtful. 2. The court held that the time and place of occurrence were not proved beyond doubt because there were discrepancies in the testimony of the prosecution witnesses and the site plan prepared by the Investigating Officer. 3. The court held that the prosecution had not proved the charges against the appellants beyond doubt because the testimony of the prosecution witnesses did not inspire confidence and there were discrepancies in the evidence.
Final Decision: The appeals were allowed and the judgment and order of the trial court were set aside. The appellants were acquitted of the charges under Sections 302, 302/34, and 394 of the Indian Penal Code.
( 1 ) THESE three appeals are connected and are filed against the judgment and order passed by the then Sessions Judge, Bulandshehr on 30-4-1979 whereby the appellant, Ramesh Chand was convicted under Section 302, I. P. C. and the remaining appellants were convicted under Section 302 read with Section 34, I. P. C. and were sentenced to imprisonment for life. All the four appellants were convicted. under Section 394, I. P. C. and were sentenced to undergo rigorous imprisonment for three years each. All the sentences were directed to run concurrently.
( 2 ) THE aforesaid four appellants were convicted for having looted one Pyare Lal and committed his murder on 10-7-1978 at about 6. 30 A. M. in village Sonda, Police Station Khurja Dehat, District Bulandshahr.
( 3 ) THE prosecution case as disclosed in the first information report, Ex. Ka 1, was that the deceased, Pyare Lal of village Kaseru was doing money lending business. Reporter, Banwari Lal, P. W. 1 was the son of Pyare Lal, deceased. It is alleged that the appellants belong to same village, Appellants, Ramesh Chand, Bhagwati Prasad had borrowed money from Pyare Lal. Suits were pending against them at Aligarh. There was a date in the Court of Judge Small Causes, Aligarh on 10-7-1978 in the suit filed by Pyare Lal.
( 4 ) IT is alleged that on 10-7-1978 at about 6 A. M. deceased, Pyare Lal, and hit son, Banwari Lal Proceeded on cycles towards Khurja Junction railway station. They were to board Tata express as Khurja for Aligarh. The way to Khurja railway station was through village Saunda passing by the side of a canal. They were going on canal road. Pyare Lal was ahead of Banwari Lal. When Pyare Lal reached about a furlong ahead of Sondki Pulia, the accused-appellants came out of bushes and Pyare Lal fell down from cycle. Appellants, Ami Chand, Bhagwati Prasad and Jayanti Prasad caughthold of him and appellant, Ramesh Chand gave knife blows. Reporter, Banwari Lal raised alarm, whereupon witnesses, Sheedan Singh, Charan Singh, Hukum Singh and Buddha rushed forward and the accused-appellants after committing the murder of Pyare Lal and looting his wrist-watch and a plastic bag ran away.
( 5 ) P. W. 1 Banwari Lal got report, Ex. Ka1, scribed by one Vinod Kumar and lodged the same at the police station the same day at 8-30 A. M. on the basis of which chik F. I. R. was prepared, which is Ex. Ka 9, and a case was registered in the general diary.
( 6 ) THE investigation of the case was taken up by S. I. Sri Ashok Kumar, Gautam, P. W. . 11. He recorded the statement of Head Constable, Ram Bhagwan, and went to the place of occurrence along with Sri R. K. Tyagi, Sub-Inspector, and Om Pal Singh, S. I. and other police officials. He reached the spot at 9. 30 A. M. He deputed S. I. Sri R. K. Tyagi to prepare inquest report -and other police officials were directed to make the search of the accused. Inquest report, Ex. Ka. 2, was prepared, Diagram of injuries, Ex. Ka 3, Chalan naas Ex. Ka 4 and two letters, Ex. Ka. 5 and Ka. 6, for post-mortem were also prepared. The dead body was sealed and sent for post-mortem examination through Constables, Ramesh Chand and Pheur Chand. Blood-stained earth and simple earth were also taken from the place of occurrence and were kept in separate sealed containers which are Exs. 2 and 3 and memo Ex. Ka7 was prepared. Cycle and umbrella of Pyare Lal were taken into possession and memo, Ex. Ka. 8, was prepared. The statements of P. W. 1 Banwari Lal, P. W. 3 Sheedan Singh and P. W. 8, S. I. R. K. Tyagi, were recorded, the Investigating Officer also prepared a site-plan, Ex. Ka. 13 and then he went to village Kaseru and recorded the statements of Charan Singh, Hukum. Chand, Birju and Vinod Kumar. The statement of Buddha was also recorded,
( 7 ) ON the same day,i. e. 10-7-78, the postmortem examination was conducted at 5. 15 P. M. by Dr. G. N. Srivastava, P. W. 10, who after completing the post-mortem examination prepared postmortem report, Ex
