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HIGH COURT OF ALLAHABAD
P.S.Gupta, U.K.Verma
NARAIN
Versus
STATE OF U P
Decided On : 21 March 1990
Criminal Appeal No. 2861 of 1987
CRIMINAL APPEAL - SECTION 302/307 IPC - FACTUAL MATRIX INVOLVING LAND DISPUTE AND CONSOLIDATION OPERATIONS - ASSAULT AND MURDER OF VICTIMS - MEDICAL EVIDENCE AND WITNESS TESTIMONIES - INTERPRETATION OF INJURY REPORTS AND POST-MORTEM FINDINGS - ANALYSIS OF CONTRADICTIONS AND CONSISTENCIES - ASSESSMENT OF WITNESS CREDIBILITY - EVALUATION OF INVESTIGATION PROCEDURES - DETERMINATION OF CULPABILITY AND MODIFICATION OF SENTENCE.
Fact of the Case:
The case involved a land dispute and consolidation operations in a village. The accused, Narain, Gopi, and Dularey, were alleged to have assaulted and murdered two women, Smt. Shanichari and Smt. Tijia, during an altercation over the uprooting of cattle pegs. The prosecution presented evidence from eyewitnesses, including the injured victims, medical reports, and post-mortem findings.
Finding of the Court:
The court found that the prosecution had established the charges of murder (Section 302 IPC) against all three accused and attempted murder (Section 307 IPC) against one of the accused, Moti Chand. However, the court held that the circumstances did not warrant the imposition of the death sentence, considering it not to be one of the rarest of rare cases.
Issues: 1. Whether the prosecution had proven the charges of murder and attempted murder against the accused. 2. Whether the medical evidence and witness testimonies were reliable and consistent. 3. Whether the investigation procedures were tainted or compromised. 4. Whether the death sentence awarded to the accused was justified.
Ratio Decidendi: 1. The court analyzed the medical reports and post-mortem findings, noting the nature and extent of injuries sustained by the victims. It found that the injuries were consistent with the prosecution's account of the assault and were sufficient to cause death in the ordinary course of nature. 2. The court evaluated the credibility of the eyewitnesses, considering their presence at the scene, their consistency in their statements, and the absence of any motive to falsely implicate the accused. 3. The court examined the investigation procedures, including the delay in preparing the inquest report and recording statements, and found that there was no evidence of tampering or fabrication. 4. The court held that the death sentence was not warranted in this case, as it did not fall within the category of the rarest of rare cases that call for the extreme punishment of death.
Final Decision: The court partly allowed the appeal. It upheld the convictions of the accused under Sections 302/307 IPC but reduced the death sentence to life imprisonment. The sentence of seven years rigorous imprisonment under Section 307 IPC was also reduced to four years. The reference for confirmation of the death sentence was turned down.
Sri Ranbir Singh, II Additional Sessions Judge, Deoria by his judgment and order dated 28-11-87 had convicted Narain, Gopi and Dulary under Sections 302 and 307 read with Section 34 of the Indian Penal Code and sentenced each of them to death on the first count and to seven years rigorous imprisonment on the second with both the sentences running concur rently. He had also made a reference for confirmation of the death sentence awarded by him to the three appellants aforesaid.
2. Some facts which have not been assailed are as hereunder Smt. Gunjeshwari had first been married to Ganesh. A son named Ram Chandra was born to them. Ganesh died thereafter. Gun jeshwari remarried Heera. From this wedlock her sons Narain and Gopi who are two of the three accused were born. Ram Chandra, the son of Gunjeshwari from Ganesh, her first husband, had married Smt. Tijia who gave birth to a daughter named Shanichari. After the death of Ram Chandra, the husband of Shanichari named Janmejai (P. W. 1) and his father Moti Chand (P:w. 3) had been looking after the cultivation of Smt. Tijia from a few years before the incident. Tijia during the consolida tion operations in the village, challenged the sale-deed on the basis of which Narain and Gopi asserted their rights to 12 katahas of land. The Assistant Consolidation Officer did not uphold the sale deed to have been executed by the predecessor-in-interest of Smt. Tijia. Narain and Gopi did not acquiesce in the verdict of the A. C. O. They preferred an appeal before the Consolidation Officer, Padrauna. Janmejai the husband of Smt. Shanichari and her father in law Moti Chand had been looking after the interest of Smt. Tijia who wanted to give her agricultural land to her daugh ter Smt. Shanichari. They were assisted by Behi, the husband of Smt. Prabhawati (P. W. 2) who had his own litigation going on with Dularey the third accused.
3. The prosecution case is that about 5. 30 p. m. on 9-3-86, the three accused Gopi, Narain and Dularey who are the appellants before us started up-rooting the cattle pegs fixed near the cattle troughs of Smt. Tijia and Smt. Shanichari. When the latter objected there on started an altercation. Janmejai and Moti Chand who were nearby in the field wherein they had put up their Khalihan on listening to the hue and cry rushed towards the scene of quarrel. The accused Gopi who was armed with Daon (cutting weapon) on noticing Janmejai-and Gopi Chand, instigated Dularey who had a Pharsa (spade) and Narain who had a Talwar (sword) to kill them all so that there was an end to all the problems between them. The three accused first assaulted Smt. Shani-cbari. As Smt. Prabhawati intervened to save her, they also inflicted injuries on her. They chased and inflicted blows on Smt. Tijia who too had resented the conduct of the accused. When Janmejai and Moti Chand tried to stop the three accused, they made an assault on them also with a view to murder them. In the meantime, Bhulai, Domari, Jokhu and many other persons of the village arrived and the accused fled away towards north. Smt. Shanichari and Smt. Tijia succumbed to their injuries at the spot. The injured Janmejai went to the police station Naurangia situated at a distnace of 3 kms. and lodged the F. I. R. Ex. K. a-1 which he had dictacted to the Head Constable on duty Ram Suchit Yadav (P. W. 7 ). By the G. D. Entry Ex. Ka-7, he registered this case against the accused under Section 307/302 I. P. C. although in the body of the F. I. R. he had not noted that attempt on the life of Smt. Prabhawati, Janmejai and Moti Chand had been made and they also sustained injuries. He had mentioned about the same only in the G. D. and later in the letters Exs. Ka-8, 9 and Ka-10 which he had written to the Medical Officer, Padrauna Ramkola for examining Janmejai, Moti Chand and Smt. Prabhawati. The investigation of the case was taken up by the Station House Officer, Manager Singh (P. W. 8 ). Talked to the informant Janmejai and r
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