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1992 Supreme(All) 381
IN THE HIGH COURT OF ALLAHABAD
Palok Basu, B. P. Singh
STATE OF UTTAR PRADESH - Appellant
Versus
HARI SHANKAR ALIAS HARI - Respondents
Government Appeal 154 Of 1979
Decided On : 07/23/1992
DILIP KUMAR, G.P.DIXIT
In an appeal against acquittal, the appellate court will interfere only if the trial court's judgment is based on misreading of evidence, ignoring legally produced evidence, or if the conclusion is perverse. However, where the trial court has discussed the evidence and found the witnesses unreliable, the appellate court will not interfere unless the trial court's findings are clearly unreasonable.
Headnote:
CRIMINAL APPEAL - ACQUITTAL - INTERFERENCE - PRINCIPLES - EVIDENCE - APPRECIATION - RELIABILITY OF WITNESSES - MEDICAL EVIDENCE - INCOMPATIBILITY WITH TESTIMONY - ABSENCE OF NATURAL PRESENCE - MOTIVE - INSUFFICIENCY - RECOVERY OF GUN AND CARTRIDGE - DOUBTFUL CIRCUMSTANCES - DISMISSAL OF APPEAL.
Fact of the Case:
The deceased, Satya Prakash, and the accused, Han Shanker alias Han, were residents of the same village. There was a dispute between their families regarding a Neem tree. On the day of the incident, the accused allegedly shot Satya Prakash near a well while he was drawing water. The prosecution presented witnesses who claimed to have seen the incident, and the accused's gun and a used cartridge were recovered from the scene. However, the trial court acquitted the accused, finding the evidence of the witnesses unreliable and the medical evidence incompatible with their testimony.
Finding of the Court:
The High Court, on appeal by the State, examined the evidence and found that the presence of the witnesses at the scene of the crime was not natural, and their testimony was contradicted by the medical evidence. The court also noted that the motive for the crime was insufficient and that the recovery of the gun and cartridge was doubtful. Therefore, the court upheld the trial court's acquittal, finding no reason to interfere with its conclusion.
Issues: 1. Whether the evidence of the witnesses was reliable and sufficient to establish the guilt of the accused. 2. Whether the medical evidence contradicted the testimony of the witnesses. 3. Whether the motive for the crime was sufficient to support a conviction. 4. Whether the recovery of the gun and cartridge was properly established.
Ratio Decidendi: 1. The court held that the evidence of the witnesses was not reliable due to their unnatural presence at the scene of the crime and the inconsistencies between their testimony and the medical evidence. 2. The court found that the medical evidence contradicted the testimony of the witnesses regarding the distance from which the shot was fired and the direction of the exit wound. 3. The court held that the motive for the crime, a dispute over a Neem tree, was insufficient to support a conviction, especially in the absence of any immediate provocation. 4. The court found that the recovery of the gun and cartridge was doubtful due to inconsistencies in the testimony of the witnesses and the lack of mention of the cartridge in the initial police report.
Final Decision: The High Court dismissed the State's appeal, upholding the trial court's acquittal of the accused.
( 1 ) THE State of U. P. has filed - this appeal against the judgment and order dated 4. 10. 1978 passed in Sessions Trial No. A-125 of 1977 by the Sessions Judge, Etawah. Respondent Han Shanker alias Han was prosecuted in the court of Sessions Judge, Etawah for having committed the offence punishable under section 302 IPC.
( 2 ) THE case of the prosecution, as was unfolded in the evidence of Ram Sewak P. W. 1 and other witnesses, may briefly be stated as follows.
( 3 ) SATYA Prakash the deceased, and the accused Han Shanker alias Han were residents of the Village Nagla Tor P. S. Jaswantnagar District Etawah. There is a Neem tree in the Sahan of the deceased Satya Prakash. Towards north of this Neem tree is the public well which is used by the inhabitants of the locality. There was dispute about this Neem tree between the families of the accused Han Shanker and the deceased Satya Prakash.
( 4 ) ON 9th February, 1977, it was about 7. 00 A. M. when Satya Prakash was drawing water from the aforesaid well. His younger sister Km. Suman Lata, P. W. 3 was carrying the water in pitcher to her house. Accused Han Shanker alias Han armed with a gun and carrying bandolier upon his shoulder came out of his Gonda and challenged Satya Prakash. Satya Prakash, who was in the act of pouring water in the pitcher, turned towards the accused Han Shanker alias Han and at that very moment accused fired upon Satya Prakash from a distance of about 7 paces. Satya Prakash was hit by the bullet and. fell down upon the Man (Jagat) of the well. Besides Km. Suman Lata, the occurrence was witnessed by Ramsewak P. W. 1, Balak Ram P. W. 2, Daya Shanker and others. When the witnesses challenged the accused and moved towards him, Han Shanker alias Han loaded another cartridge in his gun and threatened the witnesses. Thereafter, the accused went away and on reaching near Satya Prakash the witnesses found him to be dead.
( 5 ) RAM Sewak P. W. 1 got a written report Ext. Ka-l scribed by Han Nath in the village. Thereafter, this report Ext. Ka-l was handed over by Ram Sewak P. W. 1 in P. S. Jaswantnagar at 9. 05 A. M. Head Constable Sharfuddin P. W. 4, who was posted in P. S. Jaswantnagar during the months February to April, 1977, had received the written report Ext. Ka-l from Ram Sewak had prepared the formal F. I. R. Ext. Ka-9 on its basis and had also made G. D. entry Ext. Ka-lo about the commission of the crime.
( 6 ) INSPECTOR Shiv Das Ram, who was posted as Inspector P. S. Jaswantnagar during the months February-March, 1977, was present at the time the written report was handed over by Ram Sewak P. W. 1 at the police Station. He started investigation as soon as the case was registered. He examined H. C. Sharfuddin P. W. 4 and Ram Sewak P. W. 1 under Section 161 Cr. P. C. at the Police Station and thereafter left for the scene of occurrence alongwith other mefi. lbers of the police force. On the scene of occurrence the 1. 0. deputed S. I. S. N. Shukla alongwith constables Ram Pratap Bhadoria and Ranvir in search of the accused. Routine investigation followed. The 1. 0. carried out the inquest proceeding and prepared Panchayatnama Ext. Ka-17 A, Naksha Lash Ext. Ka18, Challan Lash Ext. Ka-19, specimen soil Ext. Ka-20, letter for postmortem examination Ext. Ka-21 and letters for return of papers Ext. Ka-22 and Ext. Ka-23. Thereafter, the 1. 0. sealed the dead body of Satya Prakash and handed over the same to Constables Kalyan Singh and Kamlesh Kumar alongwith the papers with the direction that they were to take the body to Etawah for postmortem examination.
( 7 ) THE 1. 0 had then taken the samples of blood stained and plain earth and had sealed them in two separate tins Exts. 13 and. 14 under recovery memo Ext. Ka-3. The 1. 0. had also found the blood near the dead body and samples of blood stained and plain earth were also taken and were sealed in the tins Exts. 15 and 16 under recovery memo Ext. Ka-4. The clothes and one key, which were taken by
