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ALLAHABAD HIGH COURT
M.C. Jain and M. Chaudhary, JJ.
Ashok, Ram Prakash Agnihotri
Versus
State of U.P.
CRIMINAL APPEAL 2729 of 1981
Decided On : 20 May 2005
Criminal Appeal 2729 Of 1981
Criminal Appeal - Conviction under Section 304 Part I read with Section 34 IPC - [302 IPC, 326 IPC, 307 IPC, 324 IPC, 504 IPC] - The court discussed the presence of eye witnesses, medical evidence, and dying declaration to convict the accused under Section 304 Part I read with Section 34 IPC. The judgment highlights the importance of eyewitness testimony, medical evidence, and the dying declaration in reaching the decision.
Fact of the Case:
The case involved an incident where the accused assaulted the victim with knife blows, resulting in the victim's death. The father of the deceased and another witness provided eye witness testimony of the occurrence. Medical evidence and a dying declaration also supported the prosecution's case.
Finding of the Court:
The court found the accused guilty of the offense punishable under Section 304 Part I read with Section 34 IPC based on the testimony of the eye witnesses, medical evidence, and the dying declaration. The court also noted the pending case against one of the accused for a similar offense in the past.
Issues: The key issues revolved around the credibility of the eye witnesses, the significance of medical evidence, and the dying declaration in establishing the guilt of the accused.
Ratio Decidendi: The court emphasized the importance of eyewitness testimony, medical evidence, and the dying declaration in criminal cases. It also highlighted the relevance of past criminal records of the accused in reaching a decision.
Final Decision: The Government Appeal against the accused respondents Shanker and Mahesh was allowed, and their acquittal was set aside. The accused were convicted under Section 304 Part I read with Section 34 IPC and sentenced to seven years rigorous imprisonment. The appeal filed by accused Ashok was dismissed with a modification in the conviction.
( 1 ) SINCE criminal appeal No. 2729 of 1981 Ashok v. State of U. P. Government Appeal No. 917 of 1982 State of U. P. v. Ashok and Ors. have arisen out of one and the same judgment and order dated 21st of November 1981 passed by Sessions Judge Jalaun at Orai in Sessions Trial No. 145 of 1981 State v. Ashok and Ors. acquitting accused Ashok under Section 302 IPC and convicting him under Section 326 IPC and sentencing to seven years rigorous imprisonment thereunder and acquitting accused Shanker. Mahesh and Kallu alias Jitendra under Section 302 read with section 34 IPC. both the appeals have been heard together and are being disposed of by common judgment.
( 2 ) BRIEF facts giving rise to these appeals are that at about 1230 noon on 8th of April 1981 Kali charan and his son Murat Singh were going from their house to the market, that Kali Charan was going a few paces ahead and as he reached in iron! of the Telies Temple in the locality of gandhi Nagar. Ashok alongwith one Shanker. Mahesh and Kallu alias Jitendra met him and immediately sighting Murat Singh, Kallu alias Jidendra shouted that be should be killed. Then mahesh caught hold of Murat Singh, and Ashok, Shanker and Mahesh gave him knife blows with their respective knives and on hearing the hue and cry. raised by him and Mural Singh one uma Charan Ram Prakash Yadav, Anjani Kumar and few others rushed to the scene of occurrence and sighting them the assailants took to their heels. Immediately injured Murat Singh wass rushed 10 the Civil Hospital Konch in a rickshaw by one Virendra who reached the spot just after the ocurrence, Kali Charan father of the injured also went to the Hospital following him. Injured, Murat Singh was medically examined by Dr V. K. Verma, Superintendent; govenment Mule Hospital, Konch at about 12:50 the same noon. His medical examination revealed below noted injuries on his person: 1. Incised wound 1" x 2/10 x bone deep on the left arm front placed transversely 5" beelow left shoulder top. 2. Incised wound 3/4 x 2/10" x bone deep on the left arm inner side 1 1/2" below the arm pit placed transversely. 3. Incised wound 1" x 2/10" x depth not probed on the outer side of chest (left side) 3" below the arm pit placed obliquely. 4. Incised wound 1 1/2" x 4/10" x depth not probed on the right side of back ( outer lumbar region) placed obliquely. 5. Linear abrasion 3/4" x l/10" left wrist dorusum placed obliquely. 6. Linear abrasion 1" x 1/10" on the left side of abdomen 2 1/2" above umbilicus at 1 Oclock position.
( 3 ) THE doctor opined that all the injuries were clean cut having sharp margins with tapering ends caused by sharp object and fresh in duration. It appears that the patient was admitted in the hospital. After leaving his injured son Murat Singh in the Hospital Kali Charm weal to the police station situate at a distance, of some four furlongs from the place of occurrence banded over written report of the incident to the police there. On the basis of the written report handed over by Kali Charan at the police station HM Bhosla Prasad registered a crime against the accused wilder sections 307, 324 and 504 IPC and made entry regarding registration of the crime in the general diary (Exts. Ka 6 and Ka7 ). Investigation of the crime was entrusted to SI izubair ahmad.
( 4 ) IN the meanwhile on receiving the information from Dr V K Verma. Medical Officer Civil hospital Konch Sri Bhawani Deen Naib Teh. Max Konch reached the Hospital and recorded dying declaration of injured Marat Singh in presence of Dr V. K. Verma that very noon at 1:15 p. m. ( Ext. Ka 4 ).
( 5 ) SINCE the condition of injured Mural Singh was quite serious he was advised to be taken to medical College Jhansi for treatment but it appears that Murat Singh succumbed Jo the injuries sustained by him in the said incident on the way.
( 6 ) AT 6:00 p. m. on 8th of April 1981 information was received at police station Konch that injured Murat Singh succumbed to the injuries s
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