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1988 Supreme(All) 378
HIGH COURT OF ALLAHABAD
R.P. SHUKLA, V.P. MATHUR, JJ.
Mathura Ram - Appellant
Versus
State Of U. P. - Respondent
Cr. Appeal No. 2465 of 1978
Decided on : Aug 10, 1988
N.P. Middha, C.S. Saran
The court held that the appellants were guilty of the offence punishable under section 147 of the IPC and not under section 148 IPC. They were also guilty of the offence punishable under section 302 read with 149 IPC.
Headnote:
CRIMINAL APPEAL - Murder - Conviction under sections 147, 148 and 302/149 of the IPC - Challenge - Appreciation of evidence - Reliability of eyewitnesses - Role of ladies in the occurrence - Common object to commit murder - Applicability of sections 147 and 302 read with 149 IPC.
Fact of the Case:
The appellants were convicted under sections 147, 148 and 302/149 of the IPC for the murder of Moti Ram. The prosecution alleged that the appellants, along with others, formed an unlawful assembly, assaulted Moti Ram while he was ploughing his field, and committed his murder. The appellants denied the charges and claimed false implication.
Finding of the Court:
The court found that the prosecution had proved its case beyond reasonable doubt. The eyewitnesses, Sagat Ram and Smt. Jhupuli Devi, were found to be reliable and their testimony was corroborated by medical evidence. The court also found that the appellants had a common object to commit murder and that they were armed with lathis, which were used to cause the fatal injuries to Moti Ram.
Issues: 1. Whether the prosecution had proved its case beyond reasonable doubt. 2. Whether the eyewitnesses were reliable and their testimony was corroborated by other evidence. 3. Whether the appellants had a common object to commit murder. 4. Whether the appellants were armed with lathis and used them to cause the fatal injuries to Moti Ram.
Ratio Decidendi: 1. The court held that the prosecution had proved its case beyond reasonable doubt. The eyewitnesses were found to be reliable and their testimony was corroborated by medical evidence. The court also found that the appellants had a common object to commit murder and that they were armed with lathis, which were used to cause the fatal injuries to Moti Ram. 2. The court held that the appellants were guilty of the offence punishable under section 147 of the IPC and not under section 148 IPC. They were also guilty of the offence punishable under section 302 read with 149 IPC.
Final Decision: The court upheld the conviction of the appellants under section 302 read with 149 IPC and the sentence of imprisonment for life awarded by the learned Sessions Judge under section 302/149 IPC to each. The court also convicted the appellants under section 147 IPC and sentenced them to two years' rigorous imprisonment. The sentences were directed to be concurrent.
V. P. Mathur, J.
1. This appeal is directed against the judgment and order passed by Mr. J. P. Semwal, the them Additional Sessions Judge, Almora, Camp at Ranikhet on 21-8-1978. The learned Judge convicted the appellants under sections 147, 148 and 302/149 of the IPC and sentenced each one of them to undergo rigorous imprisonment for two years under section 148 IPC and imprisonment for life under section 302 read with 149 IPC. He also noted that since section 147 IPC is covered by section 148 IPC hence no separate sentence under section 147 IPC is being passed. He made the sentences concurrent.
2. Twenty nine persons in all stood trial before the learned Sessions Judge, vide Sessions Trial No. 2 of 1974. According to the prosecution version, how- ever, four persons had died at various stages of the case. They were Pan Ram, Bach Ram, Durga Ram and Kesh Ram.
It is said that the occurrence tootle place near about 7-30 or 8-00 A. M. on 18-5-1972 in village Panuwadekhan Patti Talla Salt, pertaining to Patwari circle-Panuwadekhan Patti Tahsil Ranikhet, district Almora. It is also contended that while the male accused persons were all armed with lathis, the lady-accused appellants were armed with sickles and with the common object to deter deceased Mod Ram from ploughing the Plot no. 1969 and to dispossess him from the same by use of criminal force and in order to commit his murder, they all formed an unlawful assembly, assaulted Moti Ram while he was ploughing his field and committed his murder. Thereafter all the culprits are said to have gone to Moti Ram's house and there they looted one Gold Nath (nose ornament) of Moti's wife and cash amounting to Rs.600/- and also committed mischief by causing damage to his house to the extent of Rs.200/-.
3. The admitted case is that ancestors of Moti Ram had come to settle in this village from out-side. Moti Ram's falser was gifted some land by his father- in-law in village Panuwadekhan. Moti Ram had married twice. Two sons Sagat Ram PW 2 and Kundan Ram were born of the first-wife. Second wife is Smt. Jbupli Devi PW 3 and Sheesh Rami and Bahadur Ram are sons from her. Moti Ram and his family belong to Orh l(mason) sub-caste of the Harijans. All other Harijans of the village belong to the sub-caste of the Harijan known as Chunera and they include the appellants as well as those persons who had been acquitted by the learned Sessions judge. There was litigation regarding of plot no. 1912, which now is plot no. 1969, between Moti Ram deceased on the one hand and Ghur Ram one of the accused on the other. This took place in 1958-59. The entire plot was in possession of Moti Ram. In proceedings under section 145 CrPC about 8 to 10 yards, area of this plot was, however, delivered in possession of Ghur Ram. Then Moti Ram filed a Regular suit in respect of this land and the Assistant Commissioner Pali, Ranikhet decided Revenue suit no. 1 of 1964-65 in favour of Moti Ram and the appeal filed by Ghur Ram was dismissed by the Deputy Commissioner, Almora. Then Moti Ram took out the execution and through Amin Khim Singh PW 8 he obtained possession of this portion of the plot on 6-5-1972. Documents Exts. Ka-10 and Ka-11 prove this fact and it is nor also disputed but is admitted by the accused appellants in their statements made in Court.
4. This occurrence took place just after 11 days of the delivery of possession to Moti Ram. Sagat Ram PW 2 who is the son of Moti Ram accompanied his father Moti Ram and bis step mother Smt. Jhupuli Devi and they all came to plot no. 1912 in village Tila Tok where they intended to sow Maduwa. They bad brought a pair of bullocks and a plough. Moti Ram started ploughing the field and Sagat Ram PW 2 and Smt. Jhupuli Devi PW 3 busied themselves in picking up stones from the field. Hardly a few cubits wide area had been ploughed when eight accused appellants namely (1) Mathura Ram, (2) Kashi Ram, (3) Sad Ram, (4) Gusain Ram, (5) Durga Ram, (6) Chandan Ram, (7) Sheesh Ram
