Back
1987 Supreme(All) 567
IN THE HIGH COURT OF ALLAHABAD
R. K. Shukia and M. M. Lal
MOHAN SINGH - Appellant
Versus
STATE OF U.P. - Respondents
Criminal Appeal 754 Of 1978
Decided On : 12/11/1987
Eyewitness testimony, when corroborated by medical evidence and other circumstances, can be sufficient to establish the guilt of the accused beyond reasonable doubt, but the prosecution must prove abetment in murder under Section 302/149 I. P. C. with clear and reliable evidence.
Headnote:
CRIMINAL APPEAL - MURDER - SECTION 302 I. P. C. - CONVICTION AND SENTENCE - EVIDENCE - EYE WITNESSES - RELIABILITY - CORROBORATION - MEDICAL EVIDENCE - MOTIVE - ENMITY - SUFFICIENCY OF EVIDENCE - BENEFIT OF DOUBT - ABETMENT - SECTION 302/149 I. P. C. - INTERPRETATION - SECTION 147/148 I. P. C. - INTERPRETATION - SENTENCE - MODIFICATION.
Fact of the Case:
Mohan Singh alias Mohan Lal, Bhagwat Singh, Sheo Sampat, Shyam Lal, and Raja Ram were convicted and sentenced for murder under Section 302 I. P. C., rioting under Section 147 I. P. C., and unlawful assembly under Section 148 I. P. C. The deceased, Vijai Singh alias Udai Pratap Singh, was shot by Mohan Singh alias Mohan Lal in the presence of his mother, Smt. Chandrakali, and other witnesses. The appellants claimed innocence and alleged false implication due to enmity arising from a criminal case filed by Shyam Lal against the deceased.
Finding of the Court:
The court found that the prosecution had proved its case beyond reasonable doubt against Mohan Singh alias Mohan Lal, who fired the fatal shot, but gave the benefit of doubt to the other four appellants due to insufficient evidence of their specific participation. The court also held that the convictions and sentences of the appellants under Sections 147 and 148 I. P. C. for the same act were not justified.
Issues: 1. Reliability of eyewitness testimony, particularly in the presence of enmity between the parties. 2. Corroboration of eyewitness testimony by medical evidence and other circumstances. 3. Sufficiency of evidence to establish the guilt of the accused beyond reasonable doubt. 4. Interpretation of Section 302/149 I. P. C. regarding abetment in murder. 5. Interpretation of Sections 147 and 148 I. P. C. regarding rioting and unlawful assembly.
Ratio Decidendi: 1. Eyewitness testimony, even in the presence of enmity, can be reliable if it is found to be satisfactory and corroborated by other evidence. 2. Medical evidence and other circumstances can corroborate eyewitness testimony and strengthen the prosecution's case. 3. The prosecution must prove the guilt of the accused beyond reasonable doubt, considering all the evidence and circumstances. 4. Abetment in murder under Section 302/149 I. P. C. requires clear, cogent, and reliable evidence of exhortation or instigation by the accused to the actual assailant. 5. Convictions and sentences under Sections 147 and 148 I. P. C. for the same act are not justified.
Final Decision: The court partly allowed the appeal. Mohan Singh alias Mohan Lal's conviction and sentence under Section 302 I. P. C. for murder were maintained, while his convictions and sentences under other sections were set aside. The convictions and sentences of the remaining four appellants were set aside, and they were released.
( 1 ) MOHAN Singh alias Mohan Lal, Bhagwat Singh, Sheo Sampat, Shyam Lal and Raja Ram have preferred this appeal against the Judgment and order dated 13/3/1978 passed by Shri S. Prasad IV Additional Sessions Judge, Fatehpur whereby the learned Sessions Judge has convicted and sentenced all the aforesaid five appellants under section 147 I. P. C. to two years R. I. under section 148, I. P. C. to three year R. I. and under section 302/149 I. P. C. to imprisonment for life. Mohan Singh alias Mohan Lal, appellant is further convicted under section 302 I. P. C. simpliciter and sentenced to imprisonment for life. All the sentences were ordered to run concurrently.
( 2 ) BRIEF facts of the prosecution case are that appellants and complaints party belong to the same village Bhurchuni, P. S. Khakheru district Fatehpur. Appellants Mohan Singh alias Mohan Lal and Rajaram are real brothers. Other appellants are their nephews and belong to one party. Vijai Singh alias Udai Pratap Singh (deceased) was cousin of the complainant Man Singh (P. W. 2) It is alleged that Shyam Lal, appellant had initiated a criminal case under section 325 I. P. C. against Vijai Singh alias Udai Pratap Singh (deceased) and certain other persons before the present incident, the trial of which was pending at the time of this incident. A day before this incident Vijai Singh alias Udai Pratap Singh came back after attending the aforesaid case in the court and since then he was lying ill with fever on 7. 7. 76. On 7. 7. 76 at about 3. 30 p. m. when Vijai Singh alias Udai Pratap Singh was lying ill to aforesaid illness on a cot in a varandah on his roof. All the five appellants armed with guns came near his cot and on exhortation of four co. appellants, Mohan Singh alias Mohan Lal, appellant fired his gun at Vijai Singh alias Udai Pratap Singh from a very close range which hit him below and medical to both nipples and he died on the spot due to that injury. This occurrence is alleged to have been seen by Smt. Chandrakali (P. W. 3) mother of the deceased who raised alarm, which attracted the attention of several persons of the village including, complainant Man Singh Mahendra Pratap Singh alias Kallu (P. W. 4), Ram Bhawan and others who saw all the appellants running away toward the roof of the house of Ram Bhawan through a heap of bricks going towards the roof of Shyam Lal, appellants.
( 3 ) AFTER the incident was over Smt. Chandrakali narrated all about the incident to the complainant Man Singh who wrote a report Ext. Ka 2 and took it to the public outpost Dhata where he handed it over to constable Moharrir, Sheo Raj Singh on 7/7/1976 at 6. 15 p. m. on the basis of which a chick report Ext. Ka. 15 was prepared. The case was registered under sections 147/148/149/302, I. P. C. against all the appellants and investigation was entrusted to Shri Bali Karan Singh S. I. (P. W 5) who was present at the police station. He reached on the spot, prepared an Inquest report and after completing all the formalities sent the dead body of Vijai Singh alias Udai Pratap Singh for postmortem. Thereafter he recorded the statements of Man Singh, Smt. Chandrakali, Mahendra Pratap Singh alias Kallu Singh and certain others. He also inspected the spot and prepared site plan Ext. Ka-7. He found heap of bricks towards the west of the house of Ram Bhawan and had shown it in the site plan. He also found bamboos lying there, prepared memo Ext. Ka. 9 and gave the same in the supurdagi of the complainant.
( 4 ) DR. M. M. S. A. Khan (P. W. 4) conducted the post-mortem examination on the dead body of Vijai Singh alias Udai Pratap Singh on 9. 7. 86 at 10 a. m. and found the following ante-mortem injuries thereon: 1. Gun shot wound of entry 1 x 1 x cavity deep present over the xiphesternal region 41/21! below and medial to both nipples in the mid line. Blackening 2 in diameter present alround. Duration from front forwards, down wards obliquely back-wards. 2. On Internal examination he fo
