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2004 Supreme(All) 2354
HIGH COURT OF ALLAHABAD
M.C. Jain and K.K. Misra, JJ.
Ram Babi, Gajadhar
Versus
State of U.P.
CRIMINAL APPEAL 85 of 1981
Decided On : 17 December 2004
Criminal Appeal 85 Of 1981
A.K.VERMA, B.N.TIWARI, Brijendra Singh, H.P.SINGH, JAGDISH SINGH SENGAR, K.P.Shukla, R.S.Yadav,
The main legal point established in the judgment is the reliance on consistent and trustworthy evidence, including eyewitness testimony and medical evidence, to establish the accused's guilt and motive for the crime.
Headnote:
Criminal Appeal - Conviction under Sections 302 and 147 IPC - [IPC Sections 302, 147] - The court found the accused guilty of setting the victim on fire resulting in extensive burn injuries and death. The eyewitnesses provided consistent and trustworthy evidence, corroborated by medical evidence, establishing the accused's participation in the crime. The motive for the crime was linked to a property dispute.
Fact of the Case:
The deceased, Ram Singh, was set on fire resulting in extensive burn injuries and eventual death. The prosecution's version indicated a property dispute as the motive for the crime. Eyewitnesses provided consistent and trustworthy evidence, corroborated by medical evidence, establishing the accused's participation in the crime.
Finding of the Court:
The court found the accused guilty based on the consistent and trustworthy evidence provided by eyewitnesses, corroborated by medical evidence. The motive for the crime was linked to a property dispute.
Issues: The key issues revolved around the identification of the accused, the motive for the crime, and the reliability of the eyewitness testimony.
Ratio Decidendi: The court relied on the consistent and trustworthy evidence provided by eyewitnesses, corroborated by medical evidence, to establish the accused's participation in the crime and the motive for the crime.
Final Decision: The appeal was dismissed, and the accused was ordered to be arrested and serve the sentences imposed by the lower court.
( 1 ) THIS criminal appeal has been filed against the judgment and order dated 16. 12. 1980 passed by Shri S. K. Agnihotri, the then VI Additional Sessions Judge. Aligarh in Sessions Trial No. 178 of 1980 whereby the accused appellant Ram Babu has been convicted under Sections 302 and 147 IPC and sentenced to undergo rigorous imprisonment for life and one years R. I. respectively. Both the sentences were directed to run concurrently.
( 2 ) THIS appeal was listed on several dates. When it was lastly listed on 14. 7. 2004, none turned up for the accused appellant though on record he is represented by S/sri J. S. Sengar, B. N. Tewari, h. P. Singh and Brijendra Singh, Advocates. It was then ordered that the appeal would be decided in accordance with the law laid down by the Apex Court in the case of Bani Singh and ors. v. State of U. P. (AIR 1996 SC 2439 ). The appeal was then listed for hearing on 3. 8. 2004. On 3. 8. 2004 also none turned up to argue the appeal for the appellant though the list was revised. Under these circumstances, we are deciding the appeal on merits after having heard the learned a. G. A. Sri K. P. Shukla with the Scrutiny of the record.
( 3 ) THE prosecution version as contained in the F. I. R. lodged by Onkar Singh P. W. 1 son of the deceased was that the deceased Ram Singh had purchased 32 Bighas of land of one Malkhan singh, situate in village Kakorhi which was recorded in the name of the mother of Malkhan singh. The remaining 28 Bighas of land of Malkhan Singh was also being cultivated by the deceased Ram Singh in lieu of loan given by him to Malkhan Singh. The accused Ram Babu, son of Gajadhar, resident of village Satpur, is the brother-in-law of the said Malkhan Singh. Accused ram Babu himself wanted the price of 28 Bighas land. There had been exchange of hot words between Ram Singh and Ram Babu. In the night intervening between 25th / 26th December 1979, at about 12. O clock in the night, the accused Ram Babu along with five or six others armed with guns and axe came at the house of the complainant and caught hold of Ram Singh and asked about the complainant Onkar Singh. Whereabouts of the complainant were not disclosed to the accused by Ram Singh whereupon accused Ram Babu gave out that Ram Singh should be done to death and his son would be seen later on. Thereafter, the accused took diesel from the drum of the complainant and sprinkled the same on Ram Singh and set him on fire. On the alarm raised by him, the complainant and other witnesses including Dambar Singh Pradhan pw 2, Chandrapal Singh and Harnam Singh PW 3 reached the place of occurrence whereupon the accused persons ran away from the spot leaving behind Ram Singh badly injured. The F. I. R. of the incident Ex. Ka. 1 was lodged by Onkar Singh on 26. 12. 1979 at 4-55 A. M.
( 4 ) THE deceased was medically examined on 26. 12. 1979 at 4. 15 A. M. in the night by PW 6 Dr. R. C. Gulati on being brought by Onkar Singh. The deceased had 60-70% burn injuries and was advised to be shifted to S. N. Hospital. Agra where he was kept under treatment for some time, but died there on 8. 1. 1980. The post mortem examination was conducted by Dr. D. N. Tripathi pw 7 on 8. 1. 1980 at 4. 10 P. M. The doctor found the deceased aged about 55 years and 7-8 hours and passed since he died. He found the following ante mortem injuries on the dead body of Ram singh. 1. Burn injuries on the whole of the body including both sides of the left hand and on the right hand as well except for the portion of right hand which had been amputated, on the right shoulder, at the abdomen in the front and lower part, at both the legs and on the whole of the back. All the burn injuries had turned septic.
( 5 ) ON internal examination, the brain was found congested. Both the lungs where heavy and congested and were found full of pus. He proved the post-mortem report Ex. Ka. 11.
( 6 ) THE Doctor opined that the death occurred due to septicaemia as a result of burn injuri
