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2010 Supreme(All) 880
UTTARAKHAND HIGH COURT
B.C.Kandpal, Nirmal Yadav, JJ.
State -Appellant
Versus
Ranjeet Singh and others -Respondent
Government Appeal No. 190 of 2001
Decided On : 15-3-2010
The central legal point established in the judgment is the requirement for the prosecution to establish the guilt of the accused beyond a reasonable doubt, including the credibility of witness testimony and the presence of a motive for the alleged crime.
Headnote:
MURDER - Land Dispute - I.P.C 147, I.P.C 302/149 - The judgment discusses the prosecution's case against the accused for the murder of Jagjeet Singh in the context of a land dispute. The court analyzes the evidence, including witness testimony and medical evidence, and concludes that the prosecution failed to establish the guilt of the accused. The appeal is dismissed, and the acquittal of the accused is confirmed.
Fact of the Case:
The case involves the murder of Jagjeet Singh, who was crushed by a tractor in a field. The prosecution alleged that the accused, who were involved in a land dispute with the deceased, committed the murder. The witnesses, including the son of the deceased, provided testimony regarding the incident.
Finding of the Court:
The court found that the evidence provided by the witnesses was not credible and that there was no motive for the accused to commit the murder. The medical evidence also did not support the prosecution's version of events. As a result, the court concluded that the prosecution failed to establish the guilt of the accused.
Issues: The key issues in the case included the credibility of witness testimony, the presence of a motive for the accused to commit the murder, and the consistency of the medical evidence with the prosecution's version of events.
Ratio Decidendi: The court's decision was based on the lack of credible evidence from the witnesses, the absence of a motive for the accused to commit the murder, and the inconsistency of the medical evidence with the prosecution's case.
Final Decision: The appeal was dismissed, and the acquittal of the accused was confirmed.
This Government Appeal, arises out against the judgment and order dated 18.2.1998, passed by 1st Additional Sessions Judge, Nainital, in S.T. No. 368 of 1996, whereby the accused/respondents Ranjeet Singh, Jaswant Singh and Gurmel Singh have been acquitted of the charges under sections 147 and 302 read with section 149 I.P.C
2. The prosecution story, in short, is that accused/respondents and complainant Harmeet Singh are related to each other. Prior to the incident, litigation pertaining to three acres land was going on between Jagjeet Singh, father of the complainant Harmeet Singh, and the accused persons and there was enmity among them in respect of the land. On 25.3.1996 deceased Jagjeet Singh had gone to attend a marriage at the house of his friend Gurmeet Singh in village Ganeshpur. When he did not return home upto 8-9 p.m., then complainant Harmeet Singh, Gurmel Singh, friend of the father of complainant, and Narpal Singh, maternal uncle of the complainant, went in search of his father in a tractor on Bazpur road. When these persons reached on Bazpur road, one kilometer away from their Birha Farm, then they in the red light of the tractor saw that motorcycle of Jagjeet Singh was lying in the field of Chaudhary. They stopped the tractor. They also saw that accused Ranjeet Singh was crushing Jagjeet Singh by tractor in the field of Chaudhary and accused Gurmel Singh and Jaswant Singh were sitting on the Bonnet of the tractor. On account of this incident, Jagjeet Singh died at the spot. The complainant and his companion tried to get down from the tractor so as to save Jagjeet Singh, but accused Ranjeet Singh and his 3-4 associates did not permit them to do so and extended threats to their lives also.
3. Due to the fear of the accused persons, the complainant did not lodge the F.I.R. in the night. On 26.3.1996 at 6.40 A.M. the complainant lodged the F.I.R., Ext. Ka-1, at the police station. On the basis of written F.I.R., chick F.I.R., Ext. Ka-10 was drawn at the police station.
4. The investigation of the case was conducted by Sri Roop Singh Yadav, Station Officer. On 26.3.1996, S.I. P.C. Verma, P.W.5, accompanied the I.O. to the place of occurrence and conducted the inquest on the dead body of the deceased and prepared inquest report, Ext. Ka-2. He also prepared challan laas, Ext. Ka-5, Police Form-35, Ext. Ka-6, sketch dead body, Ext. Ka-7. Thereafter he sealed the dead body and sent it for post-mortem. On 26.3.1996 the I.O. recorded the statements of Harmeet Singh, complainant and Onkar Singh. He inspected the spot and prepared site-plan, Ext. Ka-10. He took into possession the motorcycle of deceased from the field of Chaudhary, and the memo, Ext. Ka-8 was prepared by P.C. Verma. On 27.3.1996 he recorded the statements of Swam Singh, Gajendra Singh and arrested accused Ranjeet Singh, Jaswant Singh and Gurmel Singh. On 30.3.1996 he recovered the tractor No. 733 from Atma Singh, father of accused Gurmel Singh and prepared its memo Ext. Ka-6.
5. The post mortem on the dead body of deceased Jagjeet Singh was conducted by Dr. S. Ahmad, in L.D. Bhatt Hospital Kashipur on 26.3.1996, at 2 P:M. and he has found the following ante-mortem injuries on his person:--
1. Lacerate wound 4 cm x .15 cm x scalp deep over forehead, 5 cm above the left eye brow.
2. Lacerated wound 13 cm x 10 cm x bone deep over right side head involving also right side forehead and right side face.
3. Abraded contusion 20 cm x 3.5 cm over right side upper part of front of chest and shoulder.
4. Multiple abrasion 22 cm x 8 cm over lower part of front of right side chest and upper part of abdomen.
5. Multiple abrasion 12 cm x 6 cm over upper part of left side abdomen.
6. Abrasion 3 dm x 1 cm over left side chest, 5 on above the nipple.
7. Abrasion 4 on x 2 cm over medial side of left thigh, 4 cm above the knee joint.
8. Abrasion 2 cm x 2 cm over front of right knee joint.
In the opinion of the doctor the cause of death was coma, as a result
