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HIGH COURT OF ALLAHABAD
Yatindra Singh and B.N. Shukla, JJ.
JWALA PRASAD
Versus
STATE OF U P
Decided On : 22 February 2010
Criminal Appeal Nos. 1208,1209 of 1982
Injuries - Criminal Appeal - Section 302, IPC - Section 109, IPC
Fact of the Case:
An incident occurred in which one person was killed, leading to the filing of a case against the accused. The main question was whether the prosecution case was consistent with the injuries and medical evidence. The accused were convicted and awarded life imprisonment, leading to the present appeals.
Finding of the Court:
The court found the oral evidence to be reliable and consistent with the injuries and medical evidence. It concluded that the case against the accused was proved beyond reasonable doubt.
Issues: Reliability of oral evidence, consistency with injuries and medical evidence
Ratio Decidendi: The court relied on the reliability of oral evidence, consistency with injuries, and medical evidence to uphold the conviction and dismiss the appeals.
Final Decision: The conviction and sentence were upheld, and the appeals were dismissed. The appellants' bail was cancelled, and they were to be taken into custody.
( 1 ) THE main question involved in this criminal appeal is, whether the prosecution case is consistent with the injuries and the medical evidence. THE FACTS
( 2 ) AN incident happened on 27. 9. 1981 at 7:00am, in which one Ram Bharose (the Deceased) was killed. His uterine brother Govind (the Informant) lodged the fir on the same day at about 9. 30am (Case crime No. 278 of 1981 at police station Bisalpur, district Pilibhit ). He accused Jwala Prasad and his son Mohan lal (both of them are referred to as the Accused) for the crime.
( 3 ) THE allegations in the FIR are: there is a dispute between the Deceased and the Accused over a Parnate; on 27. 9. 1981, at about 7:00am abuses were exchanged between the wives of the Deceased and the accused Mohan Lal. The others also joined in; jwala Prasad asked his son Mohan Lal to bring the firearm and kill the deceased. Mohan Lal went to his house to bring the firearm; in the meantime, the Deceased ran. Jwala Prasad followed him with lathi. The Informant and Munshi Lal also followed them trying to stop Jwala prasad; when the Deceased reached the passage (Gali) between the house of bahadur and Chokhe, he saw Mohan Lai standing with Eknali Bandook (***) (single barrel breach loading shotgun) (the SBBL shotgun) on the Khapta (roof) of Bhogi Ram; mohan Lal fired the shot on the exhortation of Jwala Prasad; the Deceased turned back, went some paces, but fell and died in front of the house of Chhote Lal; the incident was also seen by Bhogi Ram, Dalchand, and Babu Ram who were smoking Chilam in front of Bhogi Rams Khapta; the accused are present on their roof top and are surrounded by the villagers. Immediate action be taken on the spot.
( 4 ) THE relevant pedigree of the Informant side is as follows: medai = Wife = Baldeo i I ram Bharose Govind Ram (Deceased) (Informant)I ram Pal
( 5 ) THE Accused were arrested on the same date from their house. Subsequently, the police submitted a charge sheet against them. The case was committed to the Court of session and was registered as ST No. 8 of 1982. The sessions Judge, Pilibhit framed charges against them on 23. 2. 1982: jwala Prasad was charged under Section 302 read with Section 109 IPC; mohan Lal was charged under Section 302, IPC.
( 6 ) AMONG the others, the prosecution filed the following documents: recovery memo of ticklee and a pellet (Goli) (Ex Ka-1-); recovery memo of the gun and an empty cartridge (Ex Ka-3); recovery memo of a blood stained baniyani (Ex Ka-7); recovery memo of the blood stained and plain earth (Ex Ka-8); supurdginama memo of the chilam (Ex Ka-11); post mortem report dated 29. 9. 1981 (Ex Ka-13); affidavit of Itwari Lal dated 15. 4. 1982 (Ex Ka-15 ).
( 7 ) ITWARI Lal is a constable. He is a formal witness. He had carried the dead body for the post mortem and has filed affidavit to this effect.
( 8 ) THE prosecution examined the following witnesses: govind Ram (PW-1): Eye witness, lodged the Flr; babu Ram (PW-2): Eye witness; munshi Lal (PW-3): Eye witness; moti Singh (PW-4): Investigating Officer (IO); dr. VC Khanna (PW-5): Doctor, conducted the post mortem; prem Shankar (PW-6); Constable, wrote the general diary (GD ).
( 9 ) THE statements of the accused were recorded on 19. 4. 1982. They neither filed any documents nor examined any witnesses.
( 10 ) THE Sessions Judge convicted the Accused and awarded life imprisonment to both of them on 26. 4. 1982. Jwala Prasad was convicted under Section 302 read with Section 109, IPC; mohan Lal was convicted under Section ,302 IPC. Hence the present appeals. POINTS FOR DETERMINATION
( 11 ) WE have heard Sri Manish Tiwari, counsel for the appellants, Sri Arunendra kumar Singh AGA and Sri Anand Tiwari brief holder for the State. 1 The following points arise for determination; (i) Whether the oral evidence is reliable. (ii) Whether oral evidence is consistent with the injuries and the medical evidence. 1st POINT: ORAL EVIDENCE-RELIABLE
( 12 ) THE prosecution case talks about
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