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2014 Supreme(All) 1284
ALLAHABAD HIGH COURT
BEFORE : ARUN TANDON AND AKHTAR HUSSAIN KHAN, JJ.
RAM PAL ....Appellant
Versus
STATE ....Respondent
(Criminal Appeal No. 1925 of 1991, decided on 15th September, 2014)
Counsel :
Lal Vijai Singh and Gaurav Singh for the Appellant; A.G.A. for the Respondent.
Headnote:(Indian) Penal Code, 1860—Section 302—Murder—Conviction—Sustainability of—FIR—Version of it proved by informant—I.O. proved chik FIR—On ground of injuries found on frontial part of deceased—No adverse inference may be drawn against prosecution—Site plan corroborates version of FIR—Presence of light of electricity near houses of complainant—As a result known person may easily be identified, even in darkness—Soon after occurrence deceased was removed from place of occurrence—No adverse inference may be drawn against prosecution for no recovery of blood from place of occurrence—Therefore, place of occurrence not doubtful for no recovery of blood—P.W. 1/complainant is a natural witness of occurrence—Presence of witnesses not doubtful—No material contradiction—Testimonies of witnesses may not be discarded on ground of minor contradiction/discrepancy—Time of death corroborated by post-mortem report and statement of doctor—No interference.
Appeal Dismissed.
Accused-appellant Rampal has filed this present appeal under Section 374 Cr.P.C. against judgement and order dated 30.09.1991 passed by Additional Session Judge, Hamirpur in S.T. No. 43 of 1990, State Vs. Rampal, under Section 302 I.P.C. and Crime No. 184 of 1989, P.S. Muskara, District Hamirpur; whereby learned Additional Session Judge has convicted accused-appellant Rampal for offence punishable under Section 302 I.P.C. and sentenced him thereunder to imprisonment for life.
2. Sri Lal Vijay Singh, appeared on behalf of accused-appellant and Sri N.K.S. Yadav, learned A.G.A. appeared for respondent-State.
3. We have heard the parties and perused the records.
4. According to F.I.R. Exhibit Ka.01, story of prosecution is that on 09.11.1989 at about 9:00 p.m. within Village & P.S. Muskara, District Hamirpur, accused-appellant Rampal came on door of Shamsher, brother of complainant Jumman Khan and said to him that he used to make his complaint with police. Shamsher replied that he has not made his complaint with police. On this issue an altercation took place between them, whereupon having heard the noise complainant Jumman Khan and his wife Munni came out of their house and saw that altercation is going on between his brother Shamsher and accused-appellant Rampal. In the meantime, accused-appellant Rampal drew Katta ( country made pistol) from his fate ( waist) and asked Shamsher to face consequences of making complaint. Thereafter having seen the Katta, Shamsher raised alarm and ran towards east. Accused-appellant chased him, complainant Jumman Khan also ran behind them making light of torch and raising alarm. Hearing the noise witnesses Mohammad s/o Allarakkho and Mohar Khan, brother of complainant Jumman Khan rushed with torches challenging the accused-appellant. In the meantime, accused-appellant Rampal intercepted Shamsher in the field of Abdul Baswari and fired at him with Katta, Shamsher sustained injury of Katta ( country made pistol) in his abdomen and fell down. Thereafter, accused-appellant Rampal crossed the road and ran away.
5. According to F.I.R. Exhibit Ka.01, accused-appellant Rampal was armed with Katta, therefore, none dared to catch or chase him.
6. According to F.I.R. Exhibit Ka.01, complainant Jumman Khan as well as witnesses Mohammad and Mohar Khan have seen the occurrence in the light of torches.
7. After occurrence complainant Jumman Khan went along with his injured brother Shamsher to Police Station Muskara, District Hamirpur and presented F.I.R. Exhibit Ka.01 written by Rajaram s/o Ghuram in Police Station Muskara on the same day that is 09.11.1989 at 10:10 p.m., whereupon Crime No. 184 of 1989, under Section 307 I.P.C. was registered in Police Station Muskara, District Hamirpur against accused-appellant Rampal and injured Shamsher was sent by police for medical examination but injured Shamsher succumbed to injuries till he arrived Hospital. Information regarding death of Shamsher was sent by Hospital to Police Station Muskara, whereupon crime was converted into 302 I.P.C. Thereafter, inquest report of deceased Shamsher was prepared and after having completed necessary formalities his dead body was sent for post mortem in sealed cover. Thereafter, investigation was completed by police in accordance with law and after having completed investigation police submitted charge sheet against accused-appellant for offence punishable under Section 302 I.P.C., whereupon concerned Magistrate took cognizance and after compliance of Section 207 Cr.P.C. committed the case to the Court of Session for Trial of all accused. Thereafter Session Trial No. 43 of 1990, was registered in the Sessions Court of District Hamirpur. Learned Session Judge, Hamirpur framed charge against accused-appellant Rampal for offence punishable under Section 302 I.P.C. Accused-appellant pleaded not guilty and claimed to be tried.
8. Prosecution examined PW1 complainant Jumman Khan, PW2 Mohammad, PW3 Mohar Khan, PW4 Dr. V.K. Gup
