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HIGH COURT OF ALLAHABAD
D.K.Trivedi, R.P.Nigam
LATAFAT
Versus
STATE OF U P
Decided On : 23 January 1998
Criminal Appeal No. 25 of 1980
CRIMINAL APPEAL - MURDER - SECTION 302, IPC READ WITH SECTION 34, IPC - EVIDENCE - EYE-WITNESSES - FIR - MEDICAL EVIDENCE - RELIABILITY - DOUBT - BENEFIT OF DOUBT.
Fact of the Case:
Two accused-appellants, Latafat and Sharafat, were convicted and sentenced to life imprisonment for the murder of Ahmad Ullah. The incident allegedly took place on 15-9-1978 at about 5.45 p.m. in Mohalla Balai Kot, Shahabad, District Hardoi. The prosecution alleged that the accused persons, along with two others who were acquitted, used to live in Shahabad town and were real brothers. The deceased had mortgaged some land to the father of the accused-appellants, and there was a dispute over the land. The deceased was killed in a dacoity, and after his release from jail, he requested the accused-appellants to execute a sale deed for the land. The accused-appellants allegedly told the deceased and his companions to wait for Liyaqat, who had gone to Hardoi, but later came out armed with pistols and fired at the deceased, causing his death. The accused-appellants surrendered themselves to the police on 20-9-1978.
Finding of the Court:
The court found that the prosecution case was not reliable and that the FIR was not a genuine document. The court noted that the time mentioned on the FIR and other papers prepared by the police was inconsistent with the sequence of events as alleged by the prosecution. The court also found that the eye-witnesses were partisan and their statements were full of infirmities. The court further noted that the medical evidence did not support the prosecution's case regarding the manner of assault.
Issues: 1. Whether the prosecution had proved the guilt of the accused-appellants beyond reasonable doubt. 2. Whether the FIR was a genuine document. 3. Whether the eye-witnesses were reliable. 4. Whether the medical evidence supported the prosecution's case.
Ratio Decidendi: The court held that the prosecution had failed to prove the guilt of the accused-appellants beyond reasonable doubt. The court found that the FIR was not a genuine document and that the eye-witnesses were partisan and their statements were full of infirmities. The court further noted that the medical evidence did not support the prosecution's case regarding the manner of assault. The court concluded that the accused-appellants were entitled to the benefit of doubt.
Final Decision: The court allowed the criminal appeal and set aside the conviction and sentence of the accused-appellants. The accused-appellants were acquitted and released from custody.
The present criminal appeal is directed against the judgment and order, dated 22-12-1979 passed by 1st Addl. Sessions Judge, Har doi convicting the appellants under Sec tion 302, IPC read with Section 34, IPC and sentencing each of them to Imprisonment for Life in connection with an inci dent which was alleged to have taken place on 15-9 1978 at about 5,45 p. m. in Mohalla Balai Kot within the police circle Shahabad District Hardoi.
2. Initially, four accused persons were prosecuted in this case, but out of them accused Muazffar and Thullu were ac quitted by the learned Sessions Judge of the charges levelled against them. It is said that the accused-appellants used to live in Shahabad town and itself and are real brothers. Deceased Ahmad Ullah had mortgaged some land to Ashiq Ali, the father of the appellants for Rs. 5,000/- and it was one of the conditions of the. said agreement that after three years Ahmad Ullah will again take back the land after paying aforesaid amount. It is said that Ahmad Ullah asked Ashiq Ali after three years to re-sell the land in dispute but Ashiq Ali did not accept the request of deceased Ahmad UHah. It is further al leged that after some time a dacoity took place in the house of Ashiq Ali and in the said dacoity Ashiq Ali was killed, A report was lodged against this Ahmad Ullan but Ahmad Ullah fled away to Nepal. After some time, he returned to his village and thereafter, he surrendered himself before the concerned court in the said dacoity case. Just before 12-13 days before this, Ahmad Ullah was released on bail after coming out from jail, he again made a request from Liyaqat Ali, another son of Ashiq Ali to execute the sale- deed of the land for which Ashiq Ali had executed the agreement deed. Liyaqat Ali told him that the matter would be settled on friday after friday prayers. It is said that on the date of the incident deceased Ahmad Ullah alongwith Yunus, Tasawwar, Nabi Ahmad and Shazad Khan went to the house of one Afaq but Latafat took them to his own house. All these persons sat out-side the house on the cots and some mohalla people also joined them. It is said that accused Latafat and Sharafat told them that their brother Liyaqat had gone to Hardoi for attending some case and he would be returning shortly after taking a date in the case. It is said that these persons waited Liyaqat upto 5. 30 p. m. but there after, the mohalla people went away saying that they would return after Liyaqat comes there. It is said that Ahmad Ullah and his companions also wanted to leave that place saving that the panchayat would be held on some other day but accused Latafat and Sharafat dissuaded them and asked them to wait for 5 or 10 minutes more. It is said that thereafter, the accused persons went inside the house and after some time all the accused persons namely: Latafat, Sharafat, Muzaffar and Thullu came out armed with pistols and accused Latafat fired shot from his pistol at Ahmad Ullah. Ahmad Ullah (deceased) fell down on the cot and accused Sharafat then, again fired another shot causing injuries to Ahmad Ullah. It is said that thereafter, all the accused persons ran away. It is alleged that thereafter, Yunus went to PS. Shahabad and lodged a first information report on the same day at about 6. 10 p. m. in the evening. The distance of the Police Station from the place of occurrence is two miles only. According to the FIR incident took place at about 5. 45 p. m. in the eve ning. PW 7 Inspector Mohan Singh was present at the Police Station when the case was registered. He immediately recorded the statements of the complainant as well as Head Constable Ramesh Chandra who registered the case and thereafter, he proceeded to the place of the incident. According to him, he reached the place of the incident at 6. 50 p. m. He prepared the
inquest report and another relevant papers Ext. Ka-4 to Ext. Ka-6 and sent the dead-body of deceased Ahmad Ullah through constables Babu Ram and Shyam M
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