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HIGH COURT OF ALLAHABAD
Palok Basu, A.S.Tripathi
A S TRIPATHI
Versus
STATE OF U P
Decided On : 24 January 1994
Criminal Appeal No. 2669 of 1981,
CRIMINAL APPEAL - MURDER - IDENTIFICATION OF ACCUSED - EYE-WITNESS ACCOUNT - MEDICAL EVIDENCE - IDENTIFICATION PARADE - DELAY IN IDENTIFICATION - RELIABILITY OF EVIDENCE - CONVICTION AND SENTENCE - APPEAL.
Fact of the Case:
The appellants were convicted and sentenced for the murder of Omvir and robbery of his rifle and cartridges. The prosecution case was that the appellants, while riding on a motorcycle, overtook the motorcycle of the deceased and fired at him, causing his death. Two eyewitnesses, PW 1 and PW 3, who were riding with the deceased, identified the appellants as the assailants. The appellants surrendered to the police and were identified in a test identification parade conducted by a Magistrate.
Finding of the Court:
The court found that the identification evidence was reliable and corroborated by the eyewitness account, medical evidence, and the recovery of empty cartridges from the spot. The court also found that the delay in conducting the identification parade was not sufficient to render the evidence unreliable.
Issues: 1. Whether the identification evidence was reliable and corroborated by other evidence. 2. Whether the delay in conducting the identification parade rendered the evidence unreliable.
Ratio Decidendi: 1. The court held that the identification evidence was reliable and corroborated by the eyewitness account, medical evidence, and the recovery of empty cartridges from the spot. The court noted that the eyewitnesses had a clear view of the assailants and that their testimony was consistent. 2. The court held that the delay in conducting the identification parade was not sufficient to render the evidence unreliable. The court noted that the witnesses had a clear view of the assailants and that their testimony was consistent.
Final Decision: The court dismissed the appeals of the appellants and upheld their conviction and sentence.
These two appeals have been preferred against the judg ment and order passed by VIth Addl. Sessions Judge, Meerut on 16-11-19m in Sessions Trial No. 457 of 1980 whereby the appellants Goverdhan, Mulesh-pal and Ompal have been convicted under Section 302/34, IPC and sentenced to life imprisonment while appellants Muleshpal and Ompal have been further convicted under Section 394/34, IPC and sentenced to three years R. I. both sentence have been ordered to run concurrently.
2. Two charges were framed against the appellants during the trial. First was that on 22-4-1980 at about 6. 15p. m. near the brick-kiln in the jungle (Fields) of Village Kanoda situated on G. T. Road, Police Station paper tosned District Meerut they intentionally committed the murder of Omvir by firing at him thereby committed an offence punishable under Sec tion 302/34, IPC second charge against them was that in furtherance of the common intention the appellants robbed Omvir decease of his catridges and also his licensed rifle and thereby committed an offence punishable under Section 394/34, IPC.
3. During the trial 12 witnesses were examined out of whom PW 1, Kiran Pal Singh, PW 3, Prahlad Singh, PW 4, Kiran Singh and PW 5 Bhisham Singh are witnesses of fact whereas the other witnesses are formal in nature whose testimony shall be discussed little while later. The prosecu tion case in short, is as follows :
PW 1 Kiranpal Singh is a resident of Village Girdharpur, Police Station Pilakhwa, District Ghaziabad. The deceased Omvir was his own brother. PW 3 Prahlad Singh is the maternal cousin of these two on 22-4- 1980 around 6. 15 p. m. PW 1 informant Kiranpal Singh and PW 3 Prahlad Singh were riding on the Motorcycle bearing registration No. USP 5381 belonging to Prahlad Singh and the deceased Omvir was riding on his Motorcycle bearing registration No. D. H. V. 5594 and were proceeding to Manglore side. The deceased was carrying with him his licensed rifle. When they reached near about brick-kiln on the G. T. Road in Village Walidpur around the fields of Village Kanoda the informants Motorcycle was moving a little ahead from that of the deceased. In the meantime yet another Motorcycle on which appellant Goverdhan of Village Tumrail and appellants Muleshpal and Ompal of the Village of the informant were sitting came at a fast speed and over took and reached near the two aforesaid Motorcycle and fired from behind on them. The informant turned back and found that his brother Omvir had been hit by the firing and had fallen down from the Motorcycle. Frightened at this informant speeded up his Motorcycle raising hue and cry and reached the police out-post Sakauti and sought police help From the said police out-post they could get one constable along with whom the informant and his cousin came to the spot where they found that Omvir was lying dead and his Motorcycle was lying on the way side. Bhisham Singh son Prahlad Singh and Kiran Singh son of Ranjit Singh, residents of Village Daurala were standing there (along with Jivan and Vaidya, son of Nityanand) who told him that the three boys (Teen Larke) who were on the Motorcycle have killed this man and carried away his rifle and cartidges and then drove away hastily towards Meerut side. It is said that Kiranpal Singh then made Prahlad Singh and others lo stay at the spot, got a written report prepared through Prahlad Singh and reached to the Police Station Daurala and lodged an FIR at 7. 30 p. m.
4. When the report was brought to the Police Station Daruala PW 2 Balbir Singh, constable noted its contents in the general diary, true copy of which has been proved as Ext. Ka-3 while the said FIR has been proved by PW 1 Kiranpal Singh. As Ext. Ka-1, PW 6 Rajvir Singh, Sub-Inspector was present when the FIR was lodged at the Police Station Daurala. He took up investigation, recorded the statement of constable Balbir Singh and rushed up to place of occurrence. On reaching there he prepared a memorandum of the blo
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