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2006 Supreme(All) 2685
ALLAHABAD HIGH COURT
Mukteshwar Prasad
ISHWAR CHAND ALIAS PAPPU
Versus
STATE OF U P
Decided On : 29 September 2006
Criminal Appeal No. 1561 of 1981
Girish Chandra Saxena,
The judgment emphasizes the principle that suspicion, no matter how strong, cannot be a substitute for proof, highlighting the requirement for the prosecution to establish guilt beyond reasonable doubt.
Headnote:
Ishwar Chand @ Pappu - Criminal Law - Section 304 I. P. C. - The judgment discusses the application of Section 304 Part-II I. P. C. and the interpretation of evidence in a case involving a fatal shooting, highlighting the importance of reliable eyewitness testimony and the burden of proof on the prosecution.
Fact of the Case:
The appellant was convicted under Section 304 I. P. C. for firing a shot at the deceased, but the court found inconsistencies in the eyewitness testimonies and lack of reliable evidence to establish guilt beyond reasonable doubt.
Finding of the Court:
The court found that the prosecution failed to establish the charge against the appellant beyond all shadow of doubt, emphasizing that suspicion cannot be a substitute for proof.
Issues: Reliability of eyewitness testimonies, sufficiency of evidence to establish guilt beyond reasonable doubt.
Ratio Decidendi: The court emphasized the importance of reliable evidence and the burden of proof on the prosecution to establish guilt beyond reasonable doubt.
Final Decision: The conviction and sentence recorded against the appellant were set aside, and he was acquitted.
Accused Ishwar Chand @ Pappu has come up in appeal against the judgment and order dated 30-6-1981 passed by Sri Jaswant Singh, the then Additional Sessions Judge, Bijnor whereby he convicted the appellant under Section 304 I. P. C. and sentenced him to undergo rigorous imprisonment for a term of three years and to pay a fine of Rs. 500/ -. In default in payment of fine, he was ordered to suffer rigorous imprisonment for a period of six months.
2. Briefly stated, the prosecution case was as under.
P. W. 1 Harnam Singh, son of Laxman Singh Chauhan, lived in Mohalla Chohanan, Kiratpur, District Bijnor in the year 1980. He was landlord. He had let out a portion of his house on the ground floor to Smt. Kranti Devi, a nurse, about 3-4 months prior to the incident in question. Smt. Kranti Devi lived in the house alongwith her sons Pramod, Ishwar Chand and a daughter Km. Geeta. The deceased (Krishna Kumar), who was nephew of Smt. Kranti Devi, also lived there and was in the search of a job. The parents of Krishna Kumar had already died.
3. On 24-6-1980 at about 7. 45 p. m. , some altercation was going on between Smt. Kranti Devi and the appellant regarding character and relationship of Km. Geeta and Krishna Kumar. They suspected that Krishna Kumar had developed illicit relationship with Km. Geeta. During altercation, all of a sudden, the appellant fired a shot at Krishna Kumar from his Tamancha and ran away from the house Smt. Kranti Devi and Pramod took Krishna Kumar to the hospital.
4. Harnam Singh prepared a report of the incident in his own handwriting and lodged an F. I. R. at police station Kiratpur on the same night at 9-10 p. m. The police registered a case at crime No. 95 under Section 302 I. P. C.
5. The investigation of the case was taken up by P. W. 7 SI Jaipal Singh. He interrogated Harnam Singh and constable Jai Prakash Tyagi at the police station. He alongwith the SO reached the hospital and saw dead-body of Krishna Kumar and interrogated Pramod also. Km. Dayawati and Smt. Vimla Devi were also interrogated. Inquest report could not be prepared in the night as there was no light.
6. Next day, the IO prepared inquest report and sent the dead-body to mortuary.
7. P. W. 6 Dr. S. K. Agarwal, Medical Officer of the District Hospital, Bijnor conducted autopsy on 25-6- 1980 at 5. 00 p. m. According to him, the dead-body was identified by constables Kedar Nath and Prem Chand and death had taken about one day prior to examination.
Dr. Agarwal found the following ante-mortem injuries:
(1) Gun-shot wound 1-1/2 cm x 1-1/2 cm x chest cavity deep in left 4th inter costal space 2 cm. medial to left nipple (wound of entry ). Bleeding and Charring in an area of 1 cm around the wound.
(2) Gun-shot wound (lacerated) 1-1/2 cm x 1-1/2 cm x chest cavity deep on the back left side 8 cm below the lower end of scapula 4 cm lateral to midline in between 10 and 11th rib, margins everted (wound of exit ). Both wounds communicating with each other by a probe.
8. On internal examination, left 4th rib was found fractured and left pleura was perforated under injuries Nos. 1 and 2. Left lung was badly lacerated. In the opinion of Dr. Agarwal, the death had taken place on account of shock and haemorrhage resulting from ante-mortem injuries.
9. The IO inspected the scene of incident, prepared a site-plan and collected blood stained earth. Smt. Kranti Devi was arrested by the police. The appellant was arrested by the police with the help of Chhotu
and Mahmood and on search, one revolver and one live cartridge were recovered. After completing investigation, the IO filed charge-sheet against the appellant and Smt. Kranti Devi also.
10. Accused Ishwar Chand was charged under Section 302 I. P. C. Smt. Kranti Devi was charged under Section 302 read with Section 34 I. P. C. Both pleaded not guilty.
11. The prosecution in order to substantiate its allegations, examined P. W. 1 Harnam Singh, the informant P. W. 2 Smt. Vimla Devi, wife of the in
