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High Court of Allahabad
P.N. Bakshi, M.M. Gupta, JJ.
Shampoo Alias Surendra Pratap Singh – Appellant
Versus
State of Uttar Pradesh – Respondent
Criminal Appeal No. 717 of 1980
Decided On : Nov 05, 1981
CRIMINAL APPEAL - DYING DECLARATION - SECTION 161 CR.P.C. STATEMENT - SECTION 32(1) INDIAN EVIDENCE ACT - SOLE EVIDENCE - SECTION 302 IPC - SECTION 302 READ WITH SECTION 34 IPC - RELIABILITY - INCONSISTENCIES - SEVERABILITY - CORROBORATION - CONDUCT OF MEDICAL OFFICER - SECTION 32(1) INDIAN EVIDENCE ACT - SOLE EVIDENCE - SECTION 302 IPC - SECTION 302 READ WITH SECTION 34 IPC - RELIABILITY - INCONSISTENCIES - SEVERABILITY - CORROBORATION - CONDUCT OF MEDICAL OFFICER
Fact of the Case:
The appellant, Shampoo alias Surendra Pratap Singh, was convicted of murder under Section 302 IPC for stabbing Surya Prakash, who succumbed to his injuries. The prosecution relied on dying declarations recorded by Dr. I. B. Gupta and Magistrate S. B. Singh, as well as a statement recorded under Section 161 Cr.P.C. by Investigating Officer Hari Singh Sharma.
Finding of the Court:
The court found inconsistencies between the dying declarations and the statement under Section 161 Cr.P.C., particularly regarding the role of the appellant's companion. It held that the dying declaration recorded by Dr. I. B. Gupta was not genuine and was interpolated later. The court also discarded the dying declaration recorded by Magistrate S. B. Singh on the ground that it was prompted and tutored by outsiders.
Issues: 1. Whether the dying declarations and the statement under Section 161 Cr.P.C. were reliable and could be used to convict the appellant. 2. Whether the inconsistencies in the statements rendered them unreliable. 3. Whether the role of the appellant's companion could be severed from the appellant's act, allowing for a conviction based on the consistent parts of the statements. 4. Whether the conduct of Dr. I. B. Gupta, who recorded one of the dying declarations, warranted further action.
Ratio Decidendi: 1. The court held that the dying declarations and the statement under Section 161 Cr.P.C. were not reliable due to inconsistencies and infirmities. 2. The court found that the inconsistencies in the statements, particularly regarding the role of the appellant's companion, rendered them unreliable. 3. The court held that the role of the appellant's companion could not be severed from the appellant's act, as it formed part of the same transaction, and therefore, the statements could not be relied upon without corroboration. 4. The court expressed concern about the conduct of Dr. I. B. Gupta, who recorded one of the dying declarations, and directed that a copy of the judgment be sent to the Chief Secretary of the Uttar Pradesh Government for appropriate action.
Final Decision: The court allowed the appeal, set aside the conviction and sentence imposed on the appellant, and directed that his bail bonds be cancelled and sureties discharged.
M.M. Gupta, J.
1. ON 12th September 1978 at 1.30 A. M. one Surya Prakash son of Chunni Lal resident of village Kara within the Police Circle Bhojipura in district Bareilly was brought by some persons at the Primary Health Centre, Fatehganj. He had a number of serious gaping stab injuries on his body. Dr. I. B. Gupta who was the medical Officer -in -Charge of the Primary Health Centre, Fatehganj immediately sent information of that Surya Prakash son of Sri Chunni Lal aged about 24 resident of village Kera in Bareilly district was brought to the Primary Health Centre with grievous injuries and his condition was serious. This intimation reached the Police Station through the Chowkidar of the village Suresh Kumar and its record in the General Diary of the Police Station was made at 1. 37 A. M. Sri Hari Singh Sharma, Station Officer, immediately proceeded towards the Primary Health Centre, Fatehganj, on Motor Bicycle. When he was half way between the Primary Health Centre and the Police Station he saw an Ambulance going towards Bareilly. He stopped the Ambulance and found Surya Prakash being taken to Bareilly by Dr. I. B. Gupta and Dr. P. E. Gangwar, who was also attached to the same Primary Health Centre. Sri H. S. Sharma S. O. immediately recorded the Statement of Surya Prakash under section 161 Cr. P.C. That statement was recorded by him at 1.55 A.M. While he was recording that statement the condition of Surya Prakash deteriorated and he noted in it: "Majroob Ke Munh Se Ulti Khoon Ki Aayee. Majroob Ne Swyam Kaha Tatha Choton Men Dard Jyada Hona Bataya. Atah Jyada Aur Pooch Tachh Is Samaya Mumkin Nahin Hai." Thereafter he made a request to Dr. I. B. Gupta to record the dying declaration of the deceased and went back to the Police Station. After that Dr. I. B. Gupta recorded the dying declatration, which he claims to have recorded at 1.45 P. M. and the dying declaration recorded by Dr. I. B. Gupta disclose that the deceased was going on a motor bicycle from Fatehganj to see the Dhuja fair in Agrass. ON another motor-bicycle Shampoo alias Surendra Pratap Singh on 11-9-1978 at about 10 P. M. and Subhash were going towards village Agrass to see the Mela of Dhuja. When Surya Prakash was between village Kurtara and Agrass near a grove Surendra Pratap Singh alias Shampoo son of Bhanu Pratap Singh gave him knife injuries and Subhash remained standing there. The Ambulance proceeded to the.District Hospital Bareilly. Throughout the journey Surya Prakash was accompanied by Dr. I. B. Gupta and Dr. K. P. Gang- war. The dying declaration! recorded by Dr. I. B. Gupta is Ex. Ka 5 on the record.
2. AFTER Surya Prakash was admiitted in the District Hospital, Bareilly his injuries were examined by Dr. P. K. Bass PW 3 on 12-9-1978 at 2.40 A.M. He found the following injuries on his person :-
"1. Incised wound 3 cm x 1 cm on right side and outer aspect 11 cm away from umbilicus at 3 O'clock. Wound not probed. Omentum coming out fresh bleeding.
2. Lacerated wound 4 cm x 2 cm x muscle deep on front of left forearm 4 cm above wrist.
The examination of other injuries was deferred as condition of Surya Prakash was very serious. The injuries were kept under observation. Injury no. 1 was caused by short weapon while injury no 2. was caued by blunt weapon. The injuries were fresh at the time of their examination.
On 12-9-1978 Dr. P. K. Bass obtained the services of Sri S. B. Singh. Magistrate First Class for recording the dyingg declaration of Surya Prakash at 2.30 P. M. The dying declaration was recorded after Dr. P. K. Bass had certified about the fit mental condition of Surya Prakaslh for his dying declaration. That dying declaration recorded by Sri S. B. Singh PW 1 is Ex. Ka-2 on the record. According to that statement on the night of the occurrence at about 10 P. M. he was going from Fatehganj towards Agrass on a motor-bicycle. Surendra Pratap Singh alias Shampoo appellant and one Janardan Puri were also going on a motor-bicycle. One Deoki Nandan wa
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