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2014 Supreme(All) 3051
ALLAHABAD HIGH COURT
Arun Tandon, Arvind Kumar Mishra, JJ.
Patali - Appellant
Versus
State of U.P. - Respondent
Criminal Appeal No. 620 of 1982
Decided On : 24-02-2014
For the Appellant : Keshav Sahai, Brijesh Sahai and Hem Kanya Srivastva, Amicus Curiae
For the Respondents: D.G.A.
Headnote:
Criminal Appeal - Conviction under section 396 I.P.C. - [I.P.C.] - [Section 396] - [Summary of Acts and Sections: The judgment discusses the evidence and facts of the case in relation to the charge under section 396 I.P.C. The court analyzes the identification of the accused, the sufficiency of light at the scene of the crime, and the absence of recovery of looted articles, ultimately leading to the conclusion that the guilt of the accused cannot be reasonably inferred. The court allows the appeal and sets aside the judgment and order of conviction.
Fact of the Case:
The occurrence took place in the night intervening between 28th/29th April 1976, at about 12.00 midnight, wherein an armed dacoity was committed at the house of Hukam Singh in village Mithanpur, resulting in the death of one of the family members, Ashok. The appellant was convicted under section 396 I.P.C. and sentenced to life imprisonment.
Finding of the Court:
The court found that the evidence and facts of the case, including the identification of the accused, the sufficiency of light at the scene of the crime, and the absence of recovery of looted articles, did not establish the guilt of the accused beyond reasonable doubt. The judgment and order of conviction were set aside, and the appellant was set at liberty.
Issues: The key issues revolved around the identification of the accused, the sufficiency of light at the scene of the crime, and the absence of recovery of looted articles, which raised doubts about the guilt of the accused.
Ratio Decidendi: The court emphasized the importance of proving the involvement and identity of the accused beyond reasonable doubt. It highlighted the discrepancies in the statements of prosecution witnesses, the lack of clarity regarding the source of light at the scene of the crime, and the absence of recovery of looted articles as factors leading to the conclusion that the guilt of the accused could not be reasonably inferred.
Final Decision: The appeal filed by the appellant was allowed, and the judgment and order of conviction were set aside. The appellant was set at liberty forthwith if not required to be detained in any other case.
Arvind Kumar Mishra, J.: -
1. The present Criminal Appeal has been preferred by the appellant Patali against the judgment and order dated 11.3.1982 passed by Vth Additional Sessions Judge, Aligarh, in Sessions Trial No. 417 of 1976 arising out of case crime No. 45 wherein the appellant has been convicted under section 396 I.P.C. and sentenced to life imprisonment. As per version of the prosecution, the occurrence took place in the night intervening between 28th/29th April 1976, at about 12.00 midnight wherein an armed dacoity was committed at the house of Hukam Singh in village Mithanpur, situated within police circle Hathras Junction, district Aligarh in which 8 or 9 miscreants participated, and looted the property of Hukam Singh from his house for about half an hour, and made their escape good with the looted property. On alarm being raised, a number of witnesses arrived at the spot and bushes were set to fire at two places near the house of Hukam Singh which created sufficient light.
2. Witnesses Shishpal Singh and Ramesh also arrived at the spot with torches in their hands which they flashed. A lantern was also burning at the roof of the house of Hukam Singh where Smt. Kiran Devi and other members of the family were sleeping. In all that light, the faces of the miscreants could be seen by the witnesses present on the spot. A case of docoity was registered at the police station Hathras Junction on the oral report of Ram Chandra Singh, the son-in-law of Hukum Singh who was present in the village Mithanpur on that date and was sleeping in the Khaliyan. He on coming to know about the occurrence of dacoity at the house of his father-in-law went to police station Hathras Junction along with his brother-in-law Khacher Mal and reported the matter there which was initially registered at Crime No. 53 under Sections 395, 397 I.P.C. at 12.45 a.m. on 29.4.1976 vide Ex. Ka-8.
3. During the course of occurrence, some of the miscreants fired at Ashok, one of the members of the family of Hukum Singh due to which Ashok was injured and he died subsequently during course of treatment on 10.5.1976. Consequently, a case of dacoity with murder was registered under section 396 I.P.C. at the police station and was investigated into. During the course of investigation, on 30.7.1976, S.I. (The second Investigating Officer), Fateh Alam (P.W.-6) arrested all the three accused including the appellant and made them Baparda. As per version of Investigating Officer, the accused persons confessed to him to have committed dacoity at the house of Hukum Singh. They were later on paraded for test identification on 8.9.1976.
4. The investigation of the case was completed in routine manner and charge-sheet against accused persons including the present appellant was filed whereupon the case was committed to the Court of Session. The appellant was heard on point of charge by the concerned trial court and prima facie ground was found existing for framing charge against appellant under section 396 I.P.C. Accordingly, charge under section 396 I.P.C. was framed, read over and explained to the accused-appellant who denied the charge and claimed to be tried.
5. Thereafter the prosecution was asked to adduce its evidence. In support of prosecution case, in all eight witnesses were examined in the trial Court. Brief description of respective deposition is mentioned hereunder:
6. P.W. 1- Shishpal Singh, an eye witness of the incident, stated that Hukam Singh resides in village Mithanpur and Khacher Mal, son of Hukam Singh and Netrapal of his village are both married in Nizamatpur. The main door of the house of Hukam Singh faces towards north-west and in front of it, there is vacant land of Abadi and a well. House of Sonpal Singh is to the west of the main door of Hukam Singh. A gali intervenes in between the houses of Sonpal Singh and Bhanwarpal which goes towards the west. The house of Bhikam is situated to the north of Bhanwarpal and the house of Bhojraj Singh is situ
