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1984 Supreme(All) 207
HIGH COURT OF ALLAHABAD
I.P. SINGH, R.K. SHUKLA, JJ.
Hardwari - Appellant
Versus
State Of U. P. - Respondent
Cr. Appeal No. 2057 of 1977
Decided on : Apr 18, 1984
Important Points
Subject
Criminal Law - Murder
Act Referred
EVIDENCE ACT : S.8, S.9
Headnote
CRIMINAL APPEAL - MURDER - EYE WITNESSES - DELAYED FIR - IDENTIFICATION PARADE - MEDICAL EVIDENCE - CONTRADICTIONS - BENEFIT OF DOUBT - ACQUITTAL: [MURDER] - [EYE WITNESSES] - [DELAYED FIR] - [IDENTIFICATION PARADE] - [MEDICAL EVIDENCE] - [CONTRADICTIONS] - [BENEFIT OF DOUBT] - [ACQUITTAL]
Fact of the Case:
Six appellants were convicted and sentenced to life imprisonment for the murder of Sughar Singh. The prosecution alleged that the appellants had a motive to kill Sughar Singh as he was named as one of the murderers in the FIR lodged about the murder of Ram Nath, the brother of one of the appellants. Three eye witnesses, Asha Ram, Babu Ram, and Smt. Batasho, testified that they saw the appellants chasing and assaulting Sughar Singh, who was later found dead.
Finding of the Court:
The court found that the prosecution failed to prove its case beyond a reasonable doubt. The court noted several contradictions in the statements of the eye witnesses, and found that the FIR was delayed and not satisfactorily explained. The court also found that the medical evidence did not support the alleged date and time of the murder. The court concluded that the prosecution case was full of improbabilities and coincidences, and that the benefit of the doubt had to go to the appellants.
Issues: 1. Whether the prosecution had proved its case beyond a reasonable doubt. 2. Whether the eye witnesses were reliable. 3. Whether the delay in lodging the FIR was satisfactorily explained. 4. Whether the medical evidence supported the alleged date and time of the murder.
Ratio Decidendi: 1. The court held that the prosecution had failed to prove its case beyond a reasonable doubt. The court noted that the eye witnesses were not reliable, the FIR was delayed and not satisfactorily explained, and the medical evidence did not support the alleged date and time of the murder. 2. The court found that the eye witnesses were not reliable because they made contradictory statements, they were not free witnesses, and they did not know the appellants from before. 3. The court found that the delay in lodging the FIR was not satisfactorily explained. The court noted that the witnesses had claimed that they were afraid of the appellants, but there was no evidence to support this claim. 4. The court found that the medical evidence did not support the alleged date and time of the murder. The court noted that the post mortem examination report indicated that Sughar Singh died on 6-1-76, which was a day after the alleged date of the murder.
Final Decision: The court allowed the appeal, set aside the convictions and sentences of the appellants, and acquitted them of the charges against them.
Advocate appeared:
Virendra Saran
I. P. Singh, J.
1. Hardwari, Rajju, Sarju, Babu Ram s/o Manni, Dilawar s/o Haidwari and Nathu s/o Lallu, appellants have preferred this appeal against the judgment and order of Sri J. N. Bansal, II Additional Sessions Judge, Farrukbabad, dated 10-8-1977, passed in S.T. No. A-2 of 1977 State v. HARDWARI, convicting and sentencing each one of the appellants under Section 302 read with Section 149 IPC to imprisonment for life and under Section 147 IPC to one year RI. Both sentences were to run concurrently.
2. Hardwari, Rajju, Sarju, Babu Ram (four appellants), Ram Nath (since murdered) and Maiku (died after the present occurrence) are sons of Manni, resident of village Rasoolpur, P. S. Kaimganj, District Farrukhabad. Dilawar appellant is son of HARDWARI appellant. Nathu is son of Lallo and belongs to the same village.
The prosecution case is that four days prior to the instant murder of Sughar Singh of village Rasoolpur one Ram Nath brother of Hardwari appellant was murdered. In the FIR lodged about the murder of Ram Nath, Sughar Singh deceased was named as one of the murderers.
3. On 1-5-1976 Asha Ram complainant PW 1 husband of sister of Sughar Singh deceased r/o village Tajpur Bera Gadhiya, P. S. Aligani, District Etah, accompanied by Babu Ram PW 2 resident of Tajpur happened to visit Sughar Singh at his house in village Rasoolpur. Soon after their arrival they heard a rumour that the police was soon arriving in the village to arrest Sughar Singh in connection with the murder of Ram Nath. Sughar Singh deceased told Asha Ram and Babu Ram that as he was named for the murder of Ram Nath, there is every likelihood of his arrest, so they should leave the house. All three of them left the village and went to Thigarawala's field of Sughar Singh deceased, situated towards south of the village Abadi. At that field Smt. Batasho PW 3 widowed sister of Sughar Singh deceased, was plucking Hariyali. All three of them noticed that these six appellants and Maiku all carrying lathis were coming towards them. Sughar Singh became suspicious that they would assault and kill him. He, therefore, started running away towards Peelkhana (south). All the said seven assailants chased him. Asha Ram PW 1 Babu Ram PW 2 and Smt. Batasho PW 3, in order to save Sughar Singh ran after the said assailants. The said seven assailants succeeded in over taking Sughar in the ' Usar ' near the Rahat of Bhagwan at about 5 PM and assaulted him with lathis. The said three witnesses raised alarm in order to save deceased Sughar Singh. The said seven assailants killed him on the spot before running away saying that he (Sughar Singh) was their enemy and so they had killed him.
4. Oral FIR of this incident was lodged by Asha Ram complainant PW 1 at Police Station Kaimganj, next day on 6-1-1976 at 9.30 A.M. 12 miles away It was mentioned in the FIR that all the assailants were dangerous persons, so on account of fear he did not proceed to Thana to lodge the report during the night.
The post mortem examination on the dead body of Sughar Singh was conducted by Dr. Sabeer Hussain, Civil Surgeon (Medical Officer) District Hospital, Fatehgarh, on 7-1-1976 at 3.30 PM. The probable age of the deceased was 45 years. The probable time since death was one day. The following ante mortem injuries were found on his person :
1. A lacerated wound 1" x 1/4" x bone deep over the left leg, 4" above the ankle.
2. An abrasion 1/2" x 1/2" over the right knee.
3. A lacerated wound 1/2" x 1/4" x bone deep over the right wrist with fracture of both the bones underneath it.
4. Fracture of left humerous in the middle.
5. Abrasion 1/2" x 1/4'' in the middle of the left fore-arm.
6. Abrasion 2" x 1" over the anterior aspect of right shoulder.
7. Abrasion 1" x 1/2" on the outer aspect in the middle of right thigh.
8. A lacerated wound 1 1/2" x 1/4" x scalp, 3" above the bridge of nose, over the head mid-line.
9. Abrasion 1/2" x 1/2" on the left temple.
10. Abrasion 2" x 1 1/2" on the right side
