Back
IN THE HIGH COURT OF ALLAHABAD
N. L. GANGULY, B. K. SHARMA
STATE OF UTTAR PRADESH - Appellant
Versus
SHIVA PRATAP SON OF GAPPU - Respondents
G. A. 2456 Of 1980
Decided On : 07/03/1996
CRIMINAL APPEAL - SECTION 302/34 IPC - ACQUITTAL - EYE WITNESSES - MEDICAL EVIDENCE - VARIANCE - PRESUMPTION OF INNOCENCE - REASONABLE CONCLUSIONS - POST MORTEM REPORT - LARGE INTESTINE FULL OF FECAL MATTER - FIELD WORK - EASING - DOUBTFUL PRESENCE OF WITNESSES - DISMISSAL OF GOVERNMENT APPEAL.
Fact of the Case:
The prosecution alleged that the accused-respondents Shiva Pratap, Indrapal, Kallu, and Kandhai surrounded and assaulted the deceased Ram Asrey with country-made pistols, an axe, and a lathi, resulting in his death. Two eye-witnesses, Ram Autar and Brij Lal, testified to the incident, and a post-mortem examination revealed multiple gun shot injuries and lacerated wounds on the deceased's body.
Finding of the Court:
The court found that the medical evidence and the ocular evidence were in variance, with the post-mortem report indicating five distinct gun shot entries instead of the three mentioned in the FIR and the statements of the eye-witnesses. The court also noted that the large intestine of the deceased was full of fecal matter, which raised doubts about whether he had eased himself before going to work in the field.
Issues: 1. Whether the prosecution had proven the case against the accused-respondents conclusively beyond all reasonable doubt. 2. Whether the presence of the eye-witnesses, Ram Autar and Brij Lal, was doubtful.
Ratio Decidendi: 1. The court held that the variance between the medical evidence and the ocular evidence raised doubts about the reliability of the eye-witnesses' testimony. 2. The court also considered the fact that the large intestine of the deceased was full of fecal matter, which suggested that he had not eased himself before going to work in the field, as would be expected of someone about to engage in physical labor. 3. The court concluded that the prosecution had failed to prove the case against the accused-respondents conclusively beyond all reasonable doubt.
Final Decision: The court dismissed the government appeal and upheld the acquittal of the accused-respondents.
( 1 ) THIS Government Appeal against the order of acquittal dated 31-7-80 passed by the III Addl. Sessions Judge, Fatehpur in S. T. No. 249 of 1979. The State proceeded with the sessions trial against the opposite parties Shiva Pratap, Indrapal, Kallu and Kandhai, accused respondents under S. 302/34 IPC. The Sessions Judge, Fatehpur was pleased to acquit the respondents of the charge.
( 2 ) WE have heard Sri Mahmood, learned A. G. A. and perused the record in detail.
( 3 ) THE F. I. R. of the case was lodged at 10. 35 a. m. on 24-9-79 at P. S. Jahanabad Distt. Fatehpur for the occurrence which took place the same day at about 8 a. m. in Village Faizabad situated at a distance of 4 miles south of the police station. The prosecution case depended on the evidence of eye witness Ram Autar and Brijlal, PW 1 and PW 5, respectively and the evidence of Dr. V. K. Tiwari (PW 2) who had conducted the post mortem examination. Besides the formal witnesses of PW 3 Ram Singh, Head Constable, PW 4 Ram Babu who carried the dead body for mortuary and I. O. Sri Jai Kishan Singh PW 6.
( 4 ) THE prosecution case, as disclosed in the F. I. R. was that on the date of occurrence, the deceased Ram Asrey at about 8 a. m. had gone to his field for digging the corner to his field and also to collect some fodder from the field. He had carried with him a fowra and sickle. When he was going to the different field for cutting the fodder at about 8. 30 A. M. , he had reached the field of Ram Kishore. In the mean time from the southern side from the field of Jwar, Shiva Pratap, Indrapal, armed with country-made pistols, Kallu armed with an axe and Kandhai armed with a lathi, surrounded Ram Asrey. Shiva Pratap accosted to kill him and he may not be spared. Ram Asrey on seeing the accused-respondents, ran towards the field of Ram Kishore. In the mean time, accused Shiva Pratap fired at him. He fell down, after he had fallen Indrapal at very close range had fired on him. Shiva Pratap in the mean time refilled the country-made pistol and again fired at him. Kallu and Kandhai also assaulted Ram Asrey with kulhari, axe and lathi.
( 5 ) THE informant and his brother Brij Lal (PW 2) was working in the other field. Ram Kishore Raj Bahadur were working in the field of Ragi. The witnesses saw the occurrence. It is said that they had gone challenging the accused persons but the accused-opposite parties escaped threatening the witnesses. When the informant Ram Autar reached near the victim, Ram Asrey, saw that he was breathing his last and died there. Shiva Pratap Singh accused respondent is the son of the cousin of the informant. It is said that about the fields at Khairabad and tube-well there was dispute going on between the informant and Ram Asrey deceased and Shiva Pratap On account of this enmity, Shiva Pratap killed the brother of the informant. Two fired empty cartridges were recovered from the place of occurrence.
( 6 ) THE prosecution examined two eye-witnesses of fact Ram Autar PW 1 and Brij Lal PW 5 who was the brother of the deceased Ram Asrey.
( 7 ) AFTER lodging of the FIR, the case was registered as proved by PW 3 Ram Singh. Thereafter investigation started, proceedings for inquest were taken, dead body was sent to the mortuary, after sealing the dead body in cloth-through Ram Babu PW 4 who identified the dead body before the Doctor who conducted the post mortem examination.
( 8 ) DR. V. K. Tripathi PW 2 had conducted the post mortem examination of the dead body of Ram Asrey on 25-9-79 at 2 P. M. He found the following ante mortem injuries on the dead body of the deceased :1. Multiple gun shot wound of entry in the area of 6" x 2" on the left side of lower part of face and left side of neck, upper part. They are brain cavity deep. Blackening and tattooing present. 2. Gun shot wound of exit 1" x 1/2" x brain cavity deep on the right side face near tragus of right ear. Margins lacerated and everted. It is enter communicating with injury no.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
