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2006 Supreme(All) 904
ALLAHABAD HIGH COURT
P.C.Verma
KHAG RAM
Versus
STATE
Decided On : 28 March 2006
Criminal Appeal No. 320 of 2001
ARVIND VASHISTHA, H.C.PANDEY,
The dying declaration of the deceased was deemed authentic and admissible as evidence, and the specific roles attributed to each appellant by the injured eyewitnesses were crucial in determining their individual liability for the offences.
Headnote:
Criminal Appeal - Offences against Person - Sections 147, 302/149, 307/149, 323/149 I. P. C. - The judgment discusses the prosecution's version of the events leading to the trial, the first information report, medical examinations, and the dying declaration of the deceased. The court analyzes the evidence of the prosecution witnesses, the role attributed to each appellant, and the authenticity of the dying declaration. The court concludes that the appellants are convicted for various offences under the Indian Penal Code, and the judgment and order of the Sessions Judge are modified accordingly.
Fact of the Case:
The deceased, Chani Ram, along with his brother and son, was assaulted by the appellants and co-accused while returning to their village. Chani Ram succumbed to his injuries, and the appellants were convicted for various offences under the Indian Penal Code.
Finding of the Court:
The court found the prosecution successful in establishing the offences against the appellants and convicted them accordingly. The court also concluded that the dying declaration of the deceased was authentic and admissible as evidence.
Issues: The issues revolved around the authenticity of the dying declaration, the role attributed to each appellant, and the sufficiency of the motive for the crime.
Ratio Decidendi: The court emphasized the prompt lodging of the first information report, the corroboration of the ocular and medical versions, and the specific roles attributed to each appellant by the injured eyewitnesses. The court also highlighted the authenticity of the dying declaration recorded in the presence of multiple witnesses.
Final Decision: The judgment and order of the Sessions Judge were modified, and the appellants were convicted for various offences under the Indian Penal Code. The appeal was partly allowed with the mentioned modifications, and the appellants were ordered to be taken into custody to serve out the sentences.
2. The prosecution version which led to the trial of the accused/appellant is as follows :
Chani Ram deceased was resident of Village Amoli. The accused/appel lants (hereinafter called the appellants) are also the residents of the said village. The deceased Chani Ram was in jail in connection with a case under Section 302 I. P. C. for committing the murder of one Dharam Ram. He was acquitted by the Sessions Court, Almora on 15-11-1984 and was released from the jail. In the morning of 16-11- 1984 Chani Ram along with his brother Jagdish Ram and his son Girish. Ram reached Garur from Almora by bus and from Garur these three persons were proceeding on foot for their village Amoli, When they reached at Dhautara Toke of Village Silli, the appellants along with co-ac cused Ratan Ram and Ramesh Ram S/ o Ishwari Ram, who were hiding them selves in the bushes armed with Lathis, came out and started beating Chani Ram, Jagdish Ram and Girish Ram with their weapons. Jagdish Ram and Girish Ram anyhow escaped them selves, while Chani Ram received seri ous injuries and fell down on the spot. According to the prosecution the appel lants were inimical to Chani Ram as ap pellants Khag Ram and Pad Ram along with some other persons were prosecu tion witnesses in the murder case against Chani Ram.
3. The first information report of the occurrence was lodged by Jagdish Ram, the brother of deceased Chani Ram, at Patwari Chauki Patali on 16-11-1984 at 1. 20 P. M. The Patwari reg istered the case under Sections 307/147 I. PC. against the accused persons and prepared the chick F. I. R. , Ext. Ka. 2. The Patwari Mohan Chandra Tiwari re corded the statements of witnesses Girish Ram and Jagdish Ram. These injured witnesses were having injuries on their persons; hence the I. O. sent them to RH. C. Baijnath along with his peon for medical examination. As the doctor was not available in P. H. C. Baijnath, the injured were sent to P. H. C. Bageshwar, where they were medically examined by the doctor. The I. O. went at the
spot where Chani Ram was fell injured. The I. O. inspected the place of occurrence and prepared site- plan, Ext. Ka. 6. He also took into pos session the blood-stained and plain earth from the place of the occurrence vide recovery memos Ext. Ka. 14 and Ka. 15 respectively and sealed the same in two packets. The I. O. found injuries on the person of Chani Ram and on in quiry from him it was found that he was in a position to give statement. Hence Chani Ram gave his dying dec laration in the presence of Naib Tehsildar, Qanoongo Kausani Narendra Pratap Singh, Tara Dutt Pandey and Bhim Singh Rana Patwari of Garur Cir cle. The dying declaration of the de ceased, Ext. Ka. 7, was recorded by Patwari Bhim Singh Rana. The state ment was read over to the deceased and thereafter he put his thumb impres sion on it. The I. O. sent Chani Ram to P. H. C. Bageshwar through his peon where he was declared dead by the doctor the same day, i. e. on 16-11-1984. The I. O. converted the case un der Sections 307, 302, 323, 147 I. P. C. On 17-11-1984 the I. O. arrested the appellants. On interrogation, each of the appellants Ramesh Ram, Puran Ram, Bala Ram, and Pad Ram handed over him the Lathis whereas appellant Khag Ram and co-accused Ratan Ram both handed over one Lathi and one bag each used by them in the incident and p
