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2010 Supreme(All) 1033
2010(69) ACC 611
HIGH COURT OF JUDICATURE AT ALLAHABAD
HON'BLE YATINDRA SINGH, J HON'BLE BN SHUKLA, J.
Kedari Appellant
Versus
State of UP Respondent
Criminal Appeal No. 1992 of 1982
Decided On: 25-3-2010
The central legal point established in the judgment is the requirement for valid and reliable eyewitness identification in criminal cases.
Headnote:
IDENTIFICATION - Criminal Law - IPC 302, IPC 149, IPC 148 - The judgment discusses the validity of eyewitness identification and the influence of identification process on the court's decision.
Fact of the Case:
An attempt to commit dacoity resulted in the death of an individual. The appellants were charged and convicted under various sections of the IPC based on eyewitness identification.
Finding of the Court:
The court found that the eyewitnesses' ability to recognize the dacoits was doubtful, and the identification process was invalid. As a result, the appellant was acquitted due to the benefit of doubt.
Issues: The issues involved the validity of eyewitness recognition, the sufficiency of the identification process, and the guilt of the appellant.
Ratio Decidendi: The court concluded that the prosecution failed to prove its case beyond reasonable doubt, and the appellant was entitled to the benefit of doubt.
Final Decision: The conviction and sentence of the appellant were set aside, and the appellant was acquitted.
THE FACTS
2. An attempt to commit dacoity was made in the night intervening 2/3rd December, 1981 at 1:30am at the residence of Ramji Lal (the Informant). In this incident one Phool Singh (the Deceased) was killed. The Informant lodged the FIR (Case Crime No. 224 of 1981, PS-Chatari, district Bulandshar) at 6:30am on 3.12.1981.
3. The allegations in the FIR are as follows:
The Informant and his brother were sleeping inside the house. At about 1.30 am in the night, the dacoits started pushing the door of house and hit it with an axe. They were armed with guns, fire arms, lathi, Ballam and Axe;
There was noise and they got up. The Informant and his brother raised voice due to which, the Deceased, Sri Ram, Makkhan Singh, Rajpal Singh, Ramesh Chandra also came shouting from southern side of the village;
There were exchanges of fire shots from both the sides. The fire shot of the dacoits hit the Deceased and he was injured;
The Deceased was being taken to the police station on a cot, but he died infront of the temple and is lying there;
There were about 10-12 dacoits, who were recognised in the torch light.
4. The police investigated the case and arrested Kedari (Appellant-1), Bhura alias Asharfi (Appellant-2) on 23.12.1981.
5. The identification was done on 29.12.1981. Five eyewitnesses namely Ramji Lal (PW-1), Sri Ram (PW-2), Makhhan (PW-3), Ram Lal, and Ramesh had gone for the identification. It was done under the supervision of Shyam Lal Sharma, the Magistrate, (PW-4). PW-1 to PW-3 recognised the dacoits. However, Rampal and Ramesh could not identify the dacoits. They were not examined in the trial.
6. The police submitted a charge sheet and the case was committed to the Sessions Court and was numbered as ST NO. 66 of 1982.
7. The IInd Addl. Sessions Judge, Bulandshahr (ASJ) framed charge on 15.7.1982. The appellants were charged under section 302 read with section 149 and 148 IPC.
8. Among others, the prosecution filed the following documents:
(i).Copy of the FIR dated 3.12.1981 (Ex Ka-18);
(ii).Recovery memo of blood stained and plain earth dated 3.12.1981 (Ex Ka- 10);
(iii).Recovery memo of Batteris (torch) dated 3.12.1981 (Ex Ka-11);
(iv).Recovery memo of Batteris (torch) dated 3.12.1981 (Ex Ka-12);
(v).Recovery memo of Batteris (torch) dated 3.12.1981 (Ex Ka-13);
(vi).Post mortem report (Ex Ka-3).
9. The prosecution examined the following witnesses:
Ramji Lal (PW-1): Informant, an eye witnesses, in whose house the attempt of dacoity was made;
Sri Ram (PW-2): Eyewitness, brother of the Deceased;
Makhhan (P0W-3): Eyewitness;
Shyam Lal Sharm0000a (PW-4): Magistrate under whose supervision, the proceeding was conducted;
Dr. RK Lal (PW-5): Doc10tor, conducted the post mortem;
Affidavit of Virendra Singh (PW-6): Constable, before whom arrest was made;
SB Pundir (PW-7): Ist Investigation Officer;
Baran Singh (PW-8): IInd Investigation Officer;
Ram Swaroop Sharma (PW-8): Circle Officer, accompanied at the time of arrest.
Hari Prakash (PW-10): Constable, carried the dead body for postmortem.
10. The statements of the accused under section 313 CrPC were recorded on 31.8.1982. They denied the incident and also stated that there were shown to the eyewitnesses.
11. The ASJ by his judgment dated 7.7.1982 convicted the accused and sentenced them as follows:
One year rigorous imprisonment under section 147 IPC;
Imprisonment for life under section 302 read with section 149 IPC.
POINTS FOR DETERMINATION
12. Both the accused filed the present appeal. During pendency of the appeal Kedari (Appellant-1) died. His appeal was abated on 4.11.2009. Now only Bhura alias Asharfi (the Appellant) is before this court. We have heard Sri Gaurav Kakkad and Sri Raghvendra Prakash, counsel for the appellants and Sri AK Dwivedi, AGA for the State. The following points arise for determination in this case:
(i) Whether the eyewitnesses could recognise the dacoits at the ti
