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HIGH COURT OF ALLAHABAD
Giridhar Malaviya, J.C.Mishra
MUKHTAR
Versus
STATE OF U P
Decided On : 30 April 1995
Criminal Appeal No. 481 of 1981
CRIMINAL APPEAL - SECTION 302/149, 304 PART II, 148, 147, IPC - CONVICTION - SENTENCE - MODIFICATION - COMMON OBJECT - INFERENCE - INJURIES - SUFFICIENCY TO CAUSE DEATH - BURDEN OF PROOF - MOTIVE - REVENGE - ADEQUACY - MEDICAL EVIDENCE - INTERPRETATION - CULPABLE HOMICIDE NOT AMOUNTING TO MURDER - SENTENCE - REDUCTION - AGGRAVATING AND MITIGATING CIRCUMSTANCES.
Fact of the Case:
The appellants were convicted of murder and sentenced to life imprisonment for killing Abdul Wahid. The prosecution alleged that the appellants, armed with spears and lathis, attacked Abdul Wahid and caused injuries that resulted in his death. The appellants denied the charges and claimed they were falsely implicated due to enmity.
Finding of the Court:
The court found that the prosecution had proved its case beyond a reasonable doubt. The eyewitnesses' testimonies were reliable and corroborated by the medical evidence. However, the court held that the motive for the murder was not sufficient and that none of the injuries inflicted on the deceased were, by themselves, sufficient to cause death. The court also found that it could not be determined how the deceased sustained the fracture of ribs, accompanied by rupture of pleura and liver, which were not accompanied by any external injury.
Issues: 1. Whether the prosecution had proved its case beyond a reasonable doubt. 2. Whether the motive for the murder was sufficient. 3. Whether any of the injuries inflicted on the deceased were, by themselves, sufficient to cause death. 4. How the deceased sustained the fracture of ribs, accompanied by rupture of pleura and liver, which were not accompanied by any external injury.
Ratio Decidendi: 1. The court held that the prosecution had proved its case beyond a reasonable doubt based on the reliable testimonies of the eyewitnesses and the corroborating medical evidence. 2. The court held that the motive for the murder was not sufficient, as the appellants had only a motive to assault the deceased and it was not strong enough for commission of murder. 3. The court held that none of the injuries inflicted on the deceased were, by themselves, sufficient to cause death, as the spear injuries were simple in nature and the lathi injuries were caused on non-vital parts of the body. 4. The court held that it could not be determined how the deceased sustained the fracture of ribs, accompanied by rupture of pleura and liver, which were not accompanied by any external injury.
Final Decision: The court partly allowed the appeal. The conviction of the appellants under Section 302/149, IPC was set aside, and they were instead convicted under Section 304, Part II. The conviction of appellants Qayyum and Bhura under Section 149, IPC, and other accused under Section 148, IPC, were maintained. The appellants were each sentenced under Section 304, Part II, to imprisonment undergone by them and to a fine of Rs. 5,000. The appellants Mukhtiar, Bhura, and Abbas were sentenced to imprisonment undergone and to a fine of Rs. 500 each under Section 148, IPC, whereas the appellants Qayyum and Bholu were sentenced to imprisonment undergone and to a fine of Rs. 250. Out of the fine, if and when realized, a sum of Rs. 20,000 was to be paid to the widow of the deceased or her heirs.
The appellants Mukhtiar, Bholu, Abbas, Qayyum and Bhura were convicted by learned 1st Additional District Sessions Judge, Moradabad uuder Section 302/149, IPC and sentenced to undergo imprison ment for life. Accused Mukhtiar, Bholu and Abbas were further convicted and sentenced to- undergo rigorous imprisonment for two years under Sec tion 148, IPC. The accused Qayyum and Bhura were convicted under Section 147, IPC and sentenced to undergo rigorous imprisonment for one year. All these sentences awarded to the accused persons were directed to run concurrently.
2. The incident, resulting in the death of Abdul Wahid, occurred on 1st October, 1989 at about 8. 00 a. m. The prosecution case is that the deceased Abdul Wahid was going on a dunlop cart to village Bhahapur for taking chaff. His wife Tehsilan, PW 1 and daughter Saira were also accompanying the deceased on the same cart. As soon as the cart reached near the grove of Bhura the accused Mukhtiar, Bholu and Abbas armed with spears and Qayyum and Bhura carrying lathis came out from the adjacent bajra field, where they were way laying caught hold of the deceased, pulted him down from the cart and started assaulting with the weapons held by them. The informant and her daughter Saira and also the deceased raised an alaram, thereby attracting Abdul Wahid, S/o Wilayat Hussain (not examined) Jumma (PW 2), Mushtaq (PW 3) Ishaque Iqbal and others, who challenged the assailants, who left the deceased and escaped in adjacent fields. The deceased had sustained severe spear and lathi injuries, He was laid on the dunlop cart. The informant also accompanied him. On the way Abdul Wahid succumbed to his injuries in village Teewra Khas. Leaving the dead body in the cart, under the supervision of her daughter and villagers that informant Tehsilan proceeded to the Police Station Belari, where on her dictation, the then Head Constable Clerk Harpal Singh, wrote chik report and registered the case vide G. D. report No. 18 an extract of which is exhibit ka-2.
3. The investigation of the case was taken over by Sub-Inspector R. S. Tomar (PW 7) who interrogated the informant ac the Police Station, proceeded to village Teewara Khas, where the dead body was found on a cot kept on the cart. The Investigating Officer held inquest on the dead body, prepared inquest report and other papers and sent the dead body for post mortem examination. He then proceed the spot inspected the site and prepared its plan. Exhit-11. He took samples of blood stains and plain earth kept them in separate containers. He also took blood stained leaves of bajra into his custody and prepared memo Exhibit Ka. 3. He also Interrogated the witnesses.
4. The post mortem examination was conducted by Dr. S. C. Gupta (PW 8), who found the following injuries on the dead body and noted them in the post mortem report, Exhibit Ka-14:
External Examination
1. Muscularity, stoutness, ecamciation,. . rigor mortis decomposition. Average built, rigor mortis present both extremeties eye are closed.
2. Sign of unknown person
3. Body. . N. A. D.
4. Natural orifices, auus,. . N. A. D. urethra, vagina
5. Incised wounds. . Ante mortem Injuries
(1) Incised wound 2. 5 cm X 1 cm X bone on Lt. side head 10 cm above left ear.
(2) Incised wound 4 cm X 1 cm X bone 9 cm behind Injuries No. 1 on Lt. side head.
(3) Incised wound 3 cm X 1. 5 cm X bone deep 12 cms above Rt. side head.
(4) Lacerated wound three in no in area of 11 cm x 4 cm x 1 cm on back of Lt. upper arm underlying bone having communicated fracture,
(5) Incised wound 2 cm x 1 cm on Lt. side abdomen at midaxillary line 12 cm below and away to umblicus.
(6) Lacerated wound twice in no in area of 10 cm x 6 cm on front and middile of Lt. lower leg underlying both bones fractured,
(7) Abraded contusion 1 cm x 1 cum on front of Rts knee lower part.
(8) Abraded contusion 2 cm x 1 cm front of Rt. leg middle 5 cm below Injuries No. 7.
(9) Incised wound 1 cm x 0. 5 cm x muscle on dorsum of Rt. h
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