Back
1986 Supreme(All) 232
High Court of Allahabad
B.N. Katju, S.I. Jafri, JJ.
Brij Mohan – Appellant
Versus
State – Respondent
Cr. Appeal Nos.2420 and 2995 of 1977
Decided On : Aug 29, 1986
In cases involving accidental discharge of firearms, the prosecution must provide compelling evidence to establish the necessary intent for a conviction under Section 302 or 304-A IPC. Eyewitness testimonies alone may be insufficient to overcome reasonable doubt, especially when contradicted by other evidence and expert opinions.
Headnote:
CRIMINAL APPEAL - SECTION 302, 304-A IPC - FACTUAL MATRIX - EYE WITNESSES' TESTIMONIES - BALLISTIC EXPERT OPINION - INTERPRETATION OF ACCIDENTAL DISCHARGE OF FIREARM - APPLICABILITY OF SECTION 304-A IPC - CONVICTION AND SENTENCE SET ASIDE.
Fact of the Case:
Brij Mohan was convicted under Section 304-A IPC for causing the death of Smt. Mahadevi by accidentally firing Girdhari Singh's gun while loading it. Aidal Singh, the deceased's brother, filed a complaint alleging intentional murder under Section 302 IPC.
Finding of the Court:
The court found that the prosecution witnesses' testimonies were unreliable and contradictory. The ballistic expert's opinion indicated the possibility of an accidental discharge due to negligence. The court also noted the delay in filing the complaint and the absence of crucial witnesses.
Issues: 1. Whether the prosecution successfully established the guilt of Brij Mohan beyond a reasonable doubt. 2. Whether the accidental discharge of the firearm, as suggested by the ballistic expert, negates the intent required for a conviction under Section 302 or 304-A IPC.
Ratio Decidendi: The court held that the evidence presented by the prosecution was insufficient to establish Brij Mohan's guilt beyond a reasonable doubt. The inconsistencies in the eyewitnesses' testimonies, the lack of corroborating evidence, and the possibility of an accidental discharge raised reasonable doubt about the appellant's culpability. The court emphasized the need for caution in relying solely on eyewitness accounts, especially when they are contradicted by other evidence.
Final Decision: The court allowed Brij Mohan's appeal against his conviction under Section 304-A IPC and set aside the sentence. The court dismissed Aidal Singh's appeal against Brij Mohan's acquittal under Section 302 IPC.
B.N. Katju, J.
1. BRIJ Mohan has filed criminal appeal No. 2420 of 1977 against the judgment of III Additional Sessions Judge, Agra dated 15-10-77 passed in Sessions Trial No. 405 of 1976 convicting him under Section 304-A IPC and sentencing him to one year's rigorous imprisonment. Criminal Appeal No. 2995 of 1977 has been filed by Aidal Singh complainant PW 1 against the acquittal of BRIJ Mohan u/Sec.302 IPC.
2. THE case of the prosecution is that Smt. Mahadevi deceased was the sister of Aidal Singh PW 1. She was married to Mahabir Singh alias Nathi Lal the son of Girdhari Singh PW 4. Girdhari Singh, has three sons, namely, Mahabir Singh. Raghubir Singh and Balbir Singh. He had one brother, namely, Indra Singh. Indra Singh died many years back leaving behind his widow Smt. Parvati. (Girdhari Singh had 116 bighas agricultural land in village Mihawa and Smt. Parvati had about 25 bighas of land. She was issueless. Patiram was the Karinda of Girdhari Singh. He had five sons, namely, Yaspal Singh. Ram Prasad, Gita Ram, Brij Mohan accused and Ram Mohan. Girdhari Singh got the land of Smt. Parvati (about 25 bighas) transferred to Yashpal Singh, Ram Prasad and Gita Ram. Pati Ham and his wile Smt. Ramdevi who was a beautiful lady lived in the house of Girdhari Singh and Girdhari Singh had adopted brij Mohan accused as his grandson. Girdhari Singh wanted to give some of his land to Brij Mohan accused and his brother Ram Mohan but Smt. Mahadevi deceased objected to it and said that she would not allow this is to take place as she had children. On 21-1-1975 at about 9 p.m. Bhudha Ram PW 2, Dongar Singh PW 3, Girdhari Singh, Pati Ram, Ramu Pandit and Brij Mohan accused were warming themselves around fire in front of the house of Girdhari Singh in village Mihawa when Mahabir Singh came there and told Pati Ram and Brij Mohan accused that they should live separately as quarrels took place daily in their house on account of them. This annoyed Brij Mohan accused and he said that he would separate on that very day and went inside the house of Girdhari Singh and fired at Smt. Mahadevi deceased with the gun of Girdhari Singh which resulted in her death on the spot.
The first information report was) lodged by Girdhari Singh PW 4 at police station Iradatnagar at 9.15 p.m. on the same day (21-1-75). It was mentioned in this report that his licensed gun had gone off accidentally when it was being loaded by Brij Mohan accused and Smt. Mahadevi had received gun shot injuries as she came in front of the barrel of the gun resulting in her death on the spot.
3. AIDAL Singh PW 1 filed a complaint under section 302 IPC dated 26-4-75 in the court of Chief Judicial Magistrate, Agra on 29-4-75 in which it was stated that Brij Mohan accused had committed the murder of Smt. Mahadevi deceased by firing at her with the gun of Girdhari Singh.
4. THE Station Officer Police Station Iradatnagar filed a charge-sheet under section 304-A IPC against Brij Mohan accused dated 26-2-75 and the complaint filed by Aidal Singh was connected with it and Brij Mohan appellant was tried under section 302 IPC and in the alternative u/Sec.304-A IPC in the Court of Sessions. The prosecution examined three eye witnesses, namely, Buddha Ram PW 2, Dongar Singh PW 3 and Girdhari Singh PW 4.
5. THE appellant pleaded not guilty and stated that the gun of Girdhari Singh went off accidentally while it was being loaded by him causing gun-shot injuries to Smt. Mahadevi deceased who had come in front of the gun.
6. THE trial court after considering the evidence on record came to the conclusion that the appellant was guilty under section 304-A IPC and convicted and sentenced him as mentioned earlier. He was acquitted under section 302 IPC by the trial court. Buddha Ram PW 2 deposed that on the night of occurrence at about 9 p.m. he, Girdhari Singh PW 4, Dongar Singh PW 3, Brij Mohan accused, Pati Ram and Ramu Pandit were warming themselves around fire in front of the house of Girdhari Singh
