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1998 Supreme(All) 18
HIGH COURT OF ALLAHABAD
D.K.Trivedi, R.P.Nigam
STATE OF U P
Versus
RAM SINGH
Decided On : 09 January 1998
Criminal Appeal No. 69 of 1981
S.K.Mehrotra,
The testimony of eyewitnesses must be carefully scrutinized and evaluated to ensure its reliability and credibility. Inconsistencies, contradictions, and improbabilities in the statements of eyewitnesses can undermine their evidentiary value.
Headnote:
CRIMINAL APPEAL - SECTION 147/148/323/201/302/149, IPC - SUMMARY OF FACTS, FINDINGS, ISSUES, RATIO DECIDENDI, AND FINAL DECISION
Fact of the Case:
The case involved the murder of Munna and Jai Chand, allegedly committed by the respondents due to a prior enmity. The prosecution alleged that the respondents chased and assaulted the deceased, resulting in their deaths. The respondents denied the allegations and claimed false implication.
Finding of the Court:
The court found that the testimony of the two eyewitnesses presented by the prosecution was unreliable and unworthy of reliance. The court pointed out several infirmities, contradictions, and improbabilities in their statements.
Issues: 1. Whether the testimony of the eyewitnesses was reliable and sufficient to establish the guilt of the respondents. 2. Whether the medical evidence supported the prosecution's case.
Ratio Decidendi: The court held that the testimony of the eyewitnesses was not credible and could not be relied upon to establish the guilt of the respondents. The court also found that the medical evidence did not support the prosecution's case, as there were inconsistencies between the injuries described by the eyewitnesses and those found on the deceased.
Final Decision: The court dismissed the State's appeal and upheld the acquittal of the respondents. The court found no illegality or perversity in the judgment of the trial court.
2. The respondents were prosecuted by the Police of Police Station Sursa, dis trict Hardoi under Sections 147/148/323/201/302/149, IPC in connection with an incident which had taken place on 22-4-1979 at about 10 a. m. within the local limits of village Jaluwa Kheda, Police Sta tion Sursa, district Hardoi, in which it is alleged that they committed the murder of Munna as well as Jai Chand.
3. The brief facts of the prosecution case are that there was some enmity be tween the deceased and the respondents about the non-returning of some utensils which had been taken by the respondents but did not return the same to the deceased persons. It is said that Smt. Mayawati com plainant was the daughter of Jai Chand deceased and the grand-daughter of Munna deceased and both these persons lived in village Bareypur. Similarly respon dents Ram Singh, Mewa Ram, Ram Roop and Khushi Ram are real brothers and they also reside in the same village Bareypur. The remaining two respondents Thalpur Prasad and Shri Ram are real brothers, and were the brother-in-law of one Raja Ram who was killed earlier. Raja Ram was the real brother of respondents Ram Singh, Mewa Ram, Roop and Khushi Ram and, thus, it is said that the respondents enter tained a suspicion that he was killed with the connivance and conspiracy of the deceased persons. It is said that the deceased had some cultivation in the vil lage and one Subhash who was son of the Bua of the complainant, had come to the house of the complainant to help them in cultivation of their filed. It is further said that Subhash had come to the house of the complainant sometime before the occur rence in order to help the complainant and her father and grand-father in cutting the crop. On the date of occurrence i. e. , 22-4-1979 at about 8 a. m. Jai Chand as well as Munna deceased had gone to Jaluwa Kheda to see of f Subhash who was going to his village, lying in district Farrukhabad. It is further stated that after the departure of Jai Chand and Munna, one Ganga Ram and Bodil came to the house of the com plainant Smt. Mayawati and enquired about her father. She informed that they would return after sometime and, there fore, both these persons stayed there and waited at the house of the complainant for their return. It is further said that after one and a half hour the grand-mother of the complainant asked the complainant to accompany Ganga Ram and Bodil in order to see as to why Jai Chand and Munna did not return to the house. It is said that the grand-mother of the complainant also asked Ganga Ram and Bodil who were sitting at her house to accompany her to Jaluwa Kheda. It is said that all these per sons then started to village Jaluwa Kheda to find out the whereabouts of Jai Chand and Munna. It is further alleged that as soon as they could hardly cover a distance of 25 steps ahead of grove of Jagdish, they heard some commotion and then they proceeded further and saw that accused Ram Singh, Mewa Ram, Ram Roop, Khushi Ram, Thakur Prasad and Shri Ram were chasing her grand-father on the Pag-dandi and also they were giving blows to him from their respective weapons. It is said that at that time Ram Singh was armed with Kanta, Ram Roop was armed with a Bhala and Mewa Ram and Khushi Ram were armed with Banka while Thakur Prasad and Shri Ram had Lathis. It is fur ther alleged that Ram Singh then gave a Kanta blow to Munna but Munna started running away but ultimately he fell down in the field of Gulzari and accused Ram Singh then sat on his chest and exhorted accused Khushi Ram to chop off the head of Munna deceased as the deceased was responsible for the murder of his brother Raja Ram. It is said that accused Khushi Ram chopped off the head of Munna. It is
