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1987 Supreme(All) 585
IN THE HIGH COURT OF ALLAHABAD
S. I. Jafri, H. C. Mital
ISHWAR CHANDRA - Appellant
Versus
STATE OF UTTAR PRADESH - Respondents
Criminal Appeal 1114 Of 1978.
Decided On : 12/21/1987
Girish Chandra Saxena, Kamal Krishna, N.P.MIDHA, V.S.Sharma
The court held that a dying declaration can be the sole basis of conviction if it is found to be reliable and trustworthy.
Headnote:
CRIMINAL APPEAL - SECTION 302, 307 IPC - MURDER - EYEWITNESS TESTIMONY - DYING DECLARATION - RELIABILITY - CORROBORATION - CONVICTION UPHELD.
Fact of the Case:
Appellants were convicted under sections 302 and 307 IPC for the murder of Ghanshyam and causing injuries to Jai Prakash. The prosecution relied on eyewitness testimony, dying declaration, and medical evidence.
Finding of the Court:
The court found that the prosecution evidence was reliable and trustworthy. The eyewitness testimony was corroborated by the dying declaration and medical evidence. The court also found that the appellants had the motive to commit the crime as they were acquitted in a previous incident involving the victims.
Issues: 1. Whether the eyewitness testimony was reliable and trustworthy. 2. Whether the dying declaration was reliable and trustworthy. 3. Whether the appellants had the motive to commit the crime.
Ratio Decidendi: 1. The court held that the eyewitness testimony was reliable and trustworthy as the witnesses were present at the scene of the crime, had sufficient light to see the assailants, and had no reason to falsely implicate the appellants. 2. The court held that the dying declaration was reliable and trustworthy as it was recorded by a competent magistrate, the deceased was in a fit condition to make the statement, and there was no evidence of tutoring or coercion. 3. The court held that the appellants had the motive to commit the crime as they were acquitted in a previous incident involving the victims.
Final Decision: The court dismissed the appeal and upheld the conviction and sentence of the appellants.
( 1 ) THE above named appellant have preferred this appeal against the judgment dated 13. 4. 78 passed by Shri Vikram Singh, Sessions Judge, Saharanpur convicting both the appellants under section 302 I. P. C as well as section 307 I. P. C. both read with section 34 I. P. C. and sentencing them to life imprisonment and ten years R. I. respectively for the offence Both the sentences have been ordered to run concurrently.
( 2 ) JAI Prakash (P. W. 1) Om Prakash (P. W. 2) Sunder (P. W. 3) and Ghanshyam (deceased) were all real brothers and were residents of Mohalla Chowk Kaharan P. S. Kotwali district Saharanpur. It is alleged that on 7. 8. 77 at about 10. 15 a. m. in Mohalla Kaharan P. S. a mar pit had taken place wherein both Ghanshyam (deceased) and Sunder (P W. 3) had received injuries. A report about which was lodged by am Prakash (P W. 2) at t 1. 00 a. m. wherein both these appellants Ishwar Chand and Toni as well as Babboo, Vishnu and Manga were named. Vishnu was apprehended in the evening by the police on the same day. On 7. 8. 1977 at about 10 p. m. Jai Prakash (P. W. 1) had gone to take milk for the injured Ghanshyam and Sunder at some distance from the house when Door the shop of one Radha Kishan, both these appellants Ishwar Chand and Toni along with Babboo and Ram Kishan armed with knives came out behind the shop of Radha Krishan and challenged that in the morning he had lodged report in the Kotwali against them and got Vishnu apprehended and that they would teach him a lesson. Thereafter they attacked him with knives. On hearing his cries Ghanshyam his brother Om Prakash and Sunder also rushed to the place of occurrence. Ghanshyam intervened with the result that he was also attacked and received injuries with knife and then the accused made good their escape.
( 3 ) A first information report of the occurrence was lodged immediately thereafter at 11 a. m. by Om Prakash (P. W. 2) under section 307 I. P. C. on the basis of which a case was registered. Ghanshyam was taken by his brother Sunder (P. W. 3) to the hospital. Jai Prakash (P. W. 1) was also sent there from the police station.
( 4 ) DR. R. A. Goyal (P. W. 4) examined the injuries of both the injured at the district Hospital from 11 p. m. to 11. 45 p. m. and noted the following injuries on their persons; The following injuries were found upon the person of Ghanshyam deceased in his medical examination
1. Incised wound 3/4 cm. x 1/4 cm. x skin deep on the front of the sternum 6 cms; away from the right nipple in 3 oclock position.
2. Incised wound 2 cm. x 1/2 cm. x depth not probed on the left side of the back and in the middle 3 cms. from the mid line.
3. Incised wound 1. 5 cm. x 0. 5 cm. x depth not probed on the left side of the back. 4 cms. from the mid line and 17 cms. below the root of the neck.
4. Incised wound 1. 5 cm. x 0. 5 cm. x depth not probed on the right side of the back 3 cms. away from mid line just opposite injury No. 3.
There was bleeding from all the four injuries which were fresh at the time of medical examination. Injury No. 2 was simple and injuries Nos. 2 to 4 were kept under observation. The injuries had been caused by some sharp edged weapon like a knife. Ghanshyam deceased was admitted in the hospital and was referred to the Surgeon for treatment as he was semi-conscious and his general condition was low. He had other injuries upon his person which had already been examined earlier. The following injuries were found upon the person of Jai Prakash:1. Incised wound 1. 5 cm. x 5cm. x depth not probed on the right side of the umblious. 2. Incised wound 2 cm. x 1 cm. x depth not probed on the left side of the back and in the middle and 3 cms from the midline.
There was bleeding from both the injuries which were fresh at the time of medical examination. Both the injuries were kept under observation. and were caused by some sharp edged weapon like a knife. General condition of Jai Prakash was low and he too was admitted in the ho
