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HIGH COURT OF ALLAHABAD
M.C.Jain, D.P.Gupta
BHARAT SINGH
Versus
STATE OF U P
Decided On : 28 July 2004
Criminal Appeal No. 1154 of 1981
MURDER - Criminal Law - Section 302, Section 34 I. P. C. - The judgment discusses the motive, timing of the incident, and the credibility of eyewitnesses in a murder case. It highlights the importance of scrutinizing evidence and the admissibility of testimony from interested or inimical witnesses.
Fact of the Case:
The accused were charged with the murder of Jagdeo Singh, who had appeared as a prosecution witness in a previous murder case involving some of the accused. The incident occurred as Jagdeo Singh was returning from a village market and was attacked with hand grenades, resulting in his death.
Finding of the Court:
The court found the prosecution's case to be well-established through the testimony of eyewitnesses, medical evidence, and the findings of an explosive expert. The court dismissed the appeal and upheld the life imprisonment sentence for the surviving accused.
Issues: The issues included the motive for the murder, timing of the incident, credibility of eyewitnesses, and the admissibility of evidence such as the F. I. R. and inquest report.
Ratio Decidendi: The court emphasized the importance of scrutinizing evidence and highlighted that the testimony of interested or inimical witnesses should not be rejected solely on the basis of their relationship to the victim. The court also emphasized the significance of corroborative evidence in establishing guilt.
Final Decision: The appeal was dismissed, and the surviving accused was to undergo the sentence of life imprisonment.
Harnam Singh, Bharat Singh, Bharat Singhs son Awadh Bihari Singh and Ram Pal Singh were named as accused of case crime No. 42 of 1979, P. S. Derapur, District Kanpur. Out of them, Harnam Singh came to be murdered after the incident. The remaining three namely, Bharat Singh, Awadh Behari Singh son of Bharat Singh and Ram Pal Singh were chargesheeted and tried in Sessions Trial No. 141 of 1979 before the IV Additional Sessions Judge, Kanpur for committing the murder of one Jagdeo Singh at about 5. 30 P. M. on 13-3-1979 in the graveyard of one Mendhi Manihar in village Bachit Bhartu. They came to be convicted under Section 302 read with Section 34 I. P. C. . and each sentenced to life imprisonment by judgment dated 16-5-1981/19-5-1981. All these three preferred this appeal. Bharat Singh and Ram Pal Singh died during the pendency of the appeal. The appeal in respect of the former abated under order dated 5-4-2004 and in respect of the latter under order dated 28-4-2004. The Court, is, therefore, presently concerned only with Awadh Bihari Singh son of Bharat Singh.
2. The relevant facts may be set out for appreciation of the discussion that has to follow.
Of the incident in question, the F. I. R. was lodged the same day at 10 P. M. by Vishwanath Singh nephew of the deceased Jagdeo Singh. Accused Bharat Singh and some others had committed triple murder of one Mukut Singh, his wife - Chameli and daughter Raja Beti in 1977. The deceased of the present crime, namely, Jagdeo Singh had appeared as prosecution witness in that triple murder case. Two persons, namely, Ghanshyam Singh and Babbu Singh were convicted and sentenced to death by the Sessions Court in that case on 8th March, 1979. That apart, litigation was going on between Harnam Singh and Smt. Bimla Kunwar in consolidation Court. The deceased Jagdeo Singh was doing pairvi in that case from the side of Smt. Bimla Kunwar against Harnam Singh. This was the background of the present case.
3. On the fateful day and time, Jagdeo Singh was returning to his village on cycle from Sithmara village market. He was being followed by his nephew Vishwanath Singh PW 2 and Surya Pal Singh on another cycle. When these persons reached the graveyard of Mehandi Manihar within the limits of village Bachit Bhartu, Harnam Singh and the remaining three accused appellants named above emerged out from an adjoining field and rushed towards Jagdeo Singh. Harnam Singh shouted that he should be killed and should not be allowed to escape. On the alarm raised by the informant Vishwanath Singh PW 2 and his companion on the cycle, witnesses Jagdish Prasad, Aniruddh Singh, Jai Karan Singh, Chhedi Lal and several others reached there. In the meanwhile, Harnam Singh and three accused appellants threw hand grenades on Jagdeo Singh with the result that he fell down and died on the spot. The assailants then took to their heels.
4. Vishwanath Singh PW 2 prepared an F. I. R. and lodged the same at the Police Station Derapur, the distance of which was about 1 1 miles from the scene of occurrence. Head Constable Shiv Raj Singh PW 4 prepared the chick report and registered a case on the basis of the same. The case was investigated by S. I. Lallan Rai PW 6 who was posted as S. O. of the police station. He rushed to the spot on 13-3-1979 itself. The investigation was conducted as usual. Omitting unnecessary details, it should be stated that post mortem over the dead body was conducted by Dr. M. K. Awasthi PW 1 on 15-3-1979 at 3 P. M. The deceased was about 35 years of age and had died about two days before. The following ante-mortem injuries were found on his person:
1. Extensive lacerated wound 19 cm x 18 cm x brain cavity deep on the head extending from forehead to occipital and just above the left ear, 7 cm above the right ear. All the scull bone fractured. Left temporal, both parietal, frontal and occipital fractured into multiple pieces. Bone pieces embedded into brain
substance. Brain matter lacerated and
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