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ALLAHABAD HIGH COURT
V.K.Shukla, Ranjana Pandya, JJ.
Rajneesh Dwivedi -Appellant
Versus
State of U.P. -Respondent
Criminal Appeal No. 1359 of 2010
Decided On : 05-03-2014
Eve-Teasing - Conviction under section 302 and 326 IPC - [IPC] - [302, 307, 34, 25, 4] - The court discussed the motive, dying declarations, discrepancies in witness statements, and medical evidence to establish the guilt of the accused under section 302 and 326 IPC.
Fact of the Case:
The appellant was convicted for shooting the deceased and his wife, resulting in the death of the deceased. The motive was established through eve-teasing and subsequent enmity. The dying declaration, witness statements, and medical evidence were crucial in establishing the guilt of the accused.
Finding of the Court:
The court found the appellant guilty under section 302 and 326 IPC based on the dying declaration, witness statements, and medical evidence. The discrepancies in witness statements were considered minor and did not affect the overall conclusion of guilt.
Issues: The key issues revolved around establishing the motive, reliability of dying declarations, witness statements, and medical evidence, and addressing discrepancies in the evidence presented.
Ratio Decidendi: The court relied on the dying declaration, witness statements, and medical evidence to establish the guilt of the accused. It emphasized that minor discrepancies in witness statements did not undermine the overall reliability of the evidence.
Final Decision: The appeal against the conviction and sentence of the appellant was dismissed, affirming the judgment and order of the Trial Court.
This appeal has been filed by the appellant/accused against the conviction and sentence dated 6.3.2010 passed in ST No. 39 of 2003 (State Vs. Rajneesh Dwivedi & others) by Addl. District & Sessions Judge, Court No. 4, Jhansi (hereinafter referred to as the ASJ).
2. Accused Rajneesh Dwivedi (the appellant) was put up on trial by the ASJ in ST No. 39 of 2003 for being charged with committing offence under section 302 and 307 IPC. Co-accused Sahwan alias Chootu and Santoo alias Santosh Kumnar were also put on trial by the aforesaid court under sections 302 and 307 read with section 34 of IPC and Section 25 read with Section 4 of the Arms Act respectively. Accused Sahwan alias Chhotu and Santoo alias Santosh Sharma were acquitted of charges levelled against them vide judgment dated 5.3.2010. The appellant Rajneesh Dwivedi was found guilty of committing offence under section 302 and 326 IPC and he was sentenced to undergo imprisonment for life and fine of Rs. 10,000/-. In default, he was ordered to undergo simple imprisonment and he was further sentenced to undergo imprisonment for three years and fine of Rs. 5,000/- was imposed for offence punishable under section 326 IPC. In default, he was directed to undergo imprisonment for one and half months. All the sentences were to run concurrently.
3. The allegations unfolded in the FIR are that the sister of the informant Smt. Atlesh Srivas was working in Nehru Yuva Kendra, Ashik Chauraha, Jhansi where the the appellant Rajneesh Dwievedi was also working. About one month prior to the incident, the appellant/accused eve teased Smt. Atlesh Srivas on which she slapped him and also made a complaint about this incident to the officer of Nehru Yuva Kendra where she was working. Due to this Rajneesh Dwivedi was inimical with the sister and brother-in-law of the informant. On 7.1.2003, brother-in-law of the informant was going on his motorcycle and his wife Smt. Atlesh Srivas was sitting behind him. They were returning to their home from the house of her uncle Sri Dhaniram Verma and they were followed by the informant Arvind Kumar Srivas alongwith the younger brother of the deceased Arvind who was pillion rider of his motorcycle. As soon as the deceased reached near Central School no. 3 about 9pm, all the accused persons came by Boxer motorcycle which was being driven by Santosh Sharma. The accused persons stopped their motorcycle and also stopped the motorcycle of Sachin Kumar Srivas and the appellant fired at them with intention to kill them. The shot hit Sachin Kumar Srivas in his stomach and on the hand of Smt. Atlesh Srivas. Both Sachin and his wife Smt. Atlesh fell down on the spot and the appellant and his companions fled on motorcycle. This occurrence was witnessed by the informant Arvind Kumar Srivas, brother of Smt. Atlesh and Arvind brother of deceased and passers-by. On raising alarm one Jitendra and others came to the spot and carried Sachin Kumar Srivas and Smt. Atlesh to the medical college and report was lodged.
4. Arvind Kumar Srivas (PW-1) who is the informant and brother-in-law (Sala of the Deceased) has lodged the FIR, Smt. Atlesh Srivas (PW-2) is injured eye witness, wife of the deceased. Dr. Pratap Singh (PW-3), conducted the autopsy on the body of the deceased Sachin Kumar Srivas and proved the post mortem report. Doctor found the following ante mortem injuries on the body of the deceased.
Ante Mortem Injuries:
1. Stiched wound 21 cm inlength having 13 stitches vertical in direction over abdomen 8 cms below xiphisternum.
2. Stitched wound 9 stitches in circle over left side abdomen 12 cms below left nipple as 5.30 O'clock position colostomy wound 6 cms x 6 cms over inverted margins.
3. Colostomy wound 4 cms x 2 cms in size on right iliac fossa with three stiches 4 cms inner and above right iliac fissa with three stitches 4 cm Inner & above right iliac superior spring.
4. Lacerated would 3 cms x 3 cms x collor deep size (would of exit) on right side of wai
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