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IN THE HIGH COURT OF ALLAHABAD
S. SAGHIR AHMAD, V. KUMAR
RAM ACHAL - Appellant
Versus
STATE OF UTTAR PRADESH - Respondents
C. S. C. 4 Of 1988
Decided On : 08/18/1989
CRIMINAL APPEAL - MURDER - CONVICTION - SENTENCE - CONFIRMATION - DEATH SENTENCE - MITIGATING CIRCUMSTANCES - MENTAL AND EMOTIONAL DISTURBANCE - IMPRISONMENT FOR LIFE.
Fact of the Case:
Appellant Ram Achal was convicted of murder under Section 302 of the Indian Penal Code (IPC) and sentenced to death by the trial court. He appealed against his conviction and sentence.
Finding of the Court:
The High Court found that the prosecution had established its case against the appellant beyond a shadow of doubt. The appellant had killed Tirath and grievously injured Ramu with a banka (a sharp-edged weapon). The court also found that the appellant had taken away his son Prakash, aged about 4 years, while he was running away after the murder and assault.
Issues: 1. Whether the appellant was guilty of the murder of Tirath and the grievous injury to Ramu. 2. Whether the death sentence imposed by the trial court was justified.
Ratio Decidendi: 1. The court held that the appellant was guilty of the murder of Tirath and the grievous injury to Ramu based on the evidence of eyewitnesses, medical evidence, and the recovery of bloodstained earth from the scene of the crime. 2. The court held that the death sentence imposed by the trial court was not justified in light of the mitigating circumstance of the appellant's mental and emotional disturbance caused by the remarriage of his wife to another man.
Final Decision: The court partly allowed the appeal. The conviction of the appellant under Section 302 IPC was upheld, but the death sentence was set aside and replaced with a sentence of imprisonment for life. The appellant's conviction and sentences under Sections 326 and 452 IPC were maintained, but he was acquitted of the charge under Section 364 IPC.
( 1 ) CONVICT Ram Achal having been awarded the death sentence by the Addl. Sessions Judge Barabanki, the proceedings of the case have been submitted to this Court for confirmation of the death sentence. The same convict has filed an appeal from jail against his conviction under Sections 302/326/364/452, Indian Penal Code sentencing him to death, six years rigorous imprisonment, five years rigorous imprisonment and three years rigorous imprisonment respectively. All the sentences were to run concurrently.
( 2 ) CONVICT appellant Ram Achal and the informant Uma Kanti (P. W. 1) lived in the same village Odar, police station Kursi, District Barabanki. The house of Uma Kanti situated towards south of the Galiyara in the village. The gate of the house existed towards north and on the south-western end of the house there was fixed a tatiya (a temporary covering made of leaves and branches) and on the northern side of the house there situated a Barotha. Thereafter there existed an open courtyard with Chhappar towards is south-west which was used for cooking food. Thereafter, towards the south-west corner, a Kothri situated. This is evident from the testimony of the informant Uma Kanti (P. W. 1) coupled with the site-plan, Ex. Ka-11 which was prepared by the Investigating Officer after his reaching the scene of occurrence on lodging of the first information report about the murder by Uma Kanti on 2-5-84 at 8. 30 p. m.
( 3 ) THE prosecution case is stated briefly. Ram Naresh, the son of Smt. Uma Kanti, wife of Raghunath married Smt. Ram Pyara, the wife of appellant Ram Achal about 5 months before the occurrence. It happened when the marriage of Smt. Ram Pyara and Ram Achal was not at all broken. This provided motive for the occurrence in question, inasmuch as Ram Achal was annoyed and had developed illwill against the members of the family of the informant Uma Kanti. On 1-5-84 at about 6. 30 p. m. Ram Achal earned with a Banka entered into the house of Uma Kanti. At that hour, two sons of Uma Kanti, namely, Tirath Ram, aged about seven years and Ramu, younger to Tirath Ram, Uma Kanti and Prakash, the son of Ram Achal were present in the house. Uma Kanti was busy in connection with the cooking of food at her house under the Chhappar. Ram Achal after entering into the house attacked and assaulted Tirath Ram with a Banka. He ran towards south but Ram Achal chased him and again gave strokes at him with the Banka causing him fatal injuries. Tirath Ram died on the spot. The remaining two boys Ramu and Prakash ran towards south, entered into the southern Kothri and closed it from inside. The appellant took up the wooden rod which was lying in the courtyard and broke open the Kothri with its help. He attacked Ramu with the Banka and cut off both his arms so that both phalanges separated and fell down on the ground. On raising of the alarm, Raghunath, the husband of Uma Kanthi, the neighbour Parashu Ram and his wife rushed to the house of Uma Kanti and saw the appellant Ram Achal running away from the scene of occurrence.
( 4 ) UMA Kanti (P. W. 1) took her son Ramu, whose arms were cut, to police station Kursi situated at about 4 Kilometres from her house and lodged the first information report at 8. 10 p. m. on the same day, i. e. , 1-5-84 by dictating the same to the Head Moharrir at the police station. Raghunath, the father of the deceased remained at his house where the dead body of Tirath was lying. On the basis of the first information report case was registered in the general diary at the police station. The case was investigated by Sub-Inspector S. N. Pandey (P. W. 7 ).
( 5 ) INJURED Ramu was sent to Balrampur Hospital Lucknow for his medical examination and treatment.
( 6 ) THE Investigating Officer recorded the statement of the informant Uma Kanti at police station Kursi. He proceeded to the spot in the same night, recorded the statements of witnesses including Raghunath. Due to night, further investigation was conducted
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