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2014 Supreme(All) 2590
ALLAHABAD HIGH COURT
Rakesh Tiwari, Kalimullah Khan, JJ.
State of U.P. - Appellant
Versus
Yogendra and Orther - Respondent
Government Appeal No. 46 of 1985
Decided On : 13-03-2014
For the Appellant : A.G.A.
For the Respondent: Birendra Singh Khokher,P.N. Misra,Rakesh Ranjan Agarwal
The judgment establishes the principle that the court has the power to review the entire evidence and reverse an order of acquittal if it is found to be unreasonable and results in a miscarriage of justice.
Headnote:
MURDER - Criminal Law - 147, 148, 323/149 and 302/149 IPC, u/s 378 Cr.P.C. - [147, 148, 323/149, 302/149 IPC, u/s 378 Cr.P.C.] - The judgment discusses the murder case against the accused respondents, the evidence presented, and the findings of the court. The court analyzed the motive, pre-planning, medical evidence, and the conduct of the investigating agency before reaching the decision to convict the accused.
Fact of the Case:
The case involved the murder of Jagdish, who was attacked by the accused respondents in front of witnesses. The accused were acquitted by the trial court, but the government appealed the decision.
Finding of the Court:
The court found the accused guilty based on the evidence presented, including the motive, pre-planning, and medical evidence. The court also criticized the conduct of the investigating agency and concluded that the acquittal by the trial court was unreasonable and resulted in a miscarriage of justice.
Issues: The main issues revolved around the motive, pre-planning, and medical evidence in the murder case, as well as the conduct of the investigating agency.
Ratio Decidendi: The court's decision was influenced by the motive, pre-planning, and medical evidence, as well as the conduct of the investigating agency. The court found the acquittal by the trial court to be unreasonable and resulting in a miscarriage of justice.
Final Decision: The government appeal was allowed, and all the accused were found guilty of murder. They were sentenced to life imprisonment and fined.
Kalimullah Khan, J.: -
Heard Ms. Usha Kiran, learned A.G.A., for the appellant (State of U.P.), Shri B.S. Khokher, learned counsel for respondent no.1, Yogendra accused, Shri Satish Trivedi, learned Senior Counsel for respondent no.3, Rajendra and respondent no.4, Rajvir, Shri Manoj Kumar, learned counsel for accused respondent Mahipal Singh and perused the record.
2. Respondent no.2, Anil Singh, is reported to be dead, vide Chief Judicial Magistrate's report dated 6.2.2014 and appeal against him has stood abated, vide order dated 10.2.2014.
3. This Government Appeal No.46 of 1985, u/s 378 Cr.P.C. has been filed challenging the impugned judgment and order dated 01.10.1984, passed by learned Sessions Judge, Muzaffarnagar in Sessions Trial No.377 of 1983, State Vs. Yogendra and others, u/s 147, 148, 323/149 and 302/149 IPC, Police Station Budhana, District Muzaffarnagar, whereby he has acquitted all the accused respondents, Yogendra, son of Ilam Singh, Anil son of Jagveer Singh, Rajendra son of Jagat Singh Jat, Rajveer son of Lal Singh and Mahipal son of Atar Singh, all resident of village Tanda Majra, Police Station Budhana, District Muzaffarnagar.
4. First informant, Shri Omprakash son of Dharamveer Singh Jat, r/o of village Tanda Majra, P.S. Budhana, District Muzaffarnagar, lodged a written report (Ex.Ka-4) at police station Budhana, district Muzaffarnagar with an accusation that on 9.4.1983, Ghanshyam Singh of his village was murdered. Jagat Singh lodged the report of that murder case against his brother Satyapal and cousin Baljor Singh, who were in jail in that murder case. Since then, the kinsmen of Ghanshyam and Jagat Singh started bearing grudge against the family of Satyapal, Baljor Singh and the informant. On 29.06.1983, at about 7.00 p.m., Jagdish, aged about 18 years, son of Baljor, along with his sister Beena (P.W.3) and their mother Beermati was returning from his field. When they reached near the well, in front of the house of one Bhopal of his village, respondents accused Anil, Rajendra and Rajveer armed with country made pistols, accused Yogendra and Mahipal armed with lathies caught hold of Jagdish. His sister Beena and mother Beermati tried to save and protect Jagdish, but respondents-accused Yogendra and Mahipal assaulted them with lathies and snatched Jagdish from them. Thereafter, accused Rajveer shot Jagdish with country made pistol. After sustaining the injury, he fell down and died instantly at the spot. Accused Anil and Rajendra also fired from their pistols. Omprakash (P.W.2), Bina (P.W.3), Dharamveer (P.W.4), Jaideo Singh (P.W.5) and others witnessed the incident. Accused thereafter picked up the dead body of Jagdish (deceased) and ultimately took it to the gher of aforesaid Ghanshyam, where he was dropped.
5. On the basis of the written report, the check report was drawn by the clerk, Constable Rajpal Singh and case was registered in the General-Diary on 29.06.1983, at 20.30 hours at Crime No.80 of 1983, u/s 147, 148, 149, 302 and 323 IPC against the aforesaid accused respondents.
6. S.O., Shri S.K. Sharma, started investigation. He found the dead body of Jagdish (hereinafter called the deceased), lying in the gher of Ghanshyam holding a loaded pistol in his hand with a live cartridge in its barrel. Two empty cartridges were lying towards right side of his body. The trigger of the said country made pistol was out of order. I.O. took the aforesaid arms and ammunition in to police custody, prepared memo (Ex.Ka-12). He recovered blood from the place of incident and also from the place, where the dead body was found. He collected the blood stained and plain earth from both the places, sealed them separately and prepared memos (Ex.Ka-10 & 11, respectively). After preparation of the panchayatnama, the dead body was sent to mortuary through Constable Ram Prakash (P.W.8). The autopsy on the body of deceased was conducted by Dr. R.K. Sharma (P.W.7) on 30.06.1983, at about 1.00 p.m.
7. Following ante-mortem i
