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ALLAHABAD HIGH COURT
Arun Tandon, Akhtar Husain Khan, JJ.
Ram Pratap & Others - Appellant
Versus
State of U.P. - Respondent
Criminal Appeal No. - 141 of 1995
Decided On : 15-09-2014
CRIMINAL APPEAL - Conviction under section 302 read with section 34 I.P.C. - [374(2) Cr.P.C.] - [302/34 I.P.C.]
Fact of the Case:
The appeal was filed by accused appellants against the judgment and order convicting them for the offense punishable under section 302 read with section 34 I.P.C. The prosecution's version stated that the accused, armed with firearms, fired at the husband of the complainant, resulting in his death. The complainant and her daughter were present at the time of the occurrence.
Finding of the Court:
The court found the witnesses of the prosecution, the wife, and daughter of the deceased, to be trustworthy and reliable. The court also held that the evidence presented by the prosecution was sufficient to establish the guilt of the accused appellants for the offense charged.
Issues: The issues raised included the delay in lodging the FIR, the presence of the complainant and her daughter at the time of the occurrence, and the alleged contradictions in the statements of the witnesses.
Ratio Decidendi: The court emphasized that minor contradictions and discrepancies in the statements of truthful witnesses are expected and should not lead to the rejection of their testimony. The court also highlighted that the motive behind the occurrence, as alleged in the FIR, was supported by the evidence presented.
Final Decision: The court dismissed the appeal, upheld the conviction of the accused appellants, and found the sentence awarded by the trial court to be appropriate. The surviving accused appellants were directed to surrender for serving their sentence within 30 days.
Akhtar Husain Khan,J
Present appeal has been filed by accused appellants Ram Pratap, Bhoorey, Ram Bhajan and Kanhai under section 374(2) Cr.P.C. against judgement and order dated 27.1.1995 passed by learned Vth Additional Sessions Judge, Fatehpur in S.T. No.711 of 1990 (State Vs. Ram Pratap and others) Crime No.92 of 1990, under sections 302/34 I.P.C., Police Malwa, District Fatehpur, whereby learned Vth Additional Sessions Judge, Fatehpur has convicted accused appellants for offence punishable under section 302 read with section 34 I.P.C. and has sentenced each of them thereunder to imprisonment for life and fine of Rs.5000/-.
2. Accused appellant Ram Pratap is reported dead. Appeal abated in respect of accused appellant Ram Pratap.
3. Shri G.P. Dikshit and Shri Sarvesh Kumar, learned counsel appeared for the accused appellants and Shri Narendra Kumar Singh Yadav, learned A.G.A. appeared for State respondent.
4. We have heard the parties and perused the record.
5. According to the first information report Exhibit Ka.1 in short prosecution version is that on 29.6.1990 Dhunnu Prasad the husband of complainant Gayatri Devi and Ramesh Chandra brother of complainant Gayatri Devi were coming to village Maluni from Fatehpur. At that time complainant Gayatri Devi and her daughter Geeta had gone to field to ease themselves. At about 7.00 P.M. when Dhunnu Prasad husband of complainant and Ramesh Chandra brother of complainant came on the kharanja way near mango tree of Mathura, accused Ram Pratap, Bhoorey, Ram Bhajan and Kanhai, who are residents of complainant's came from the side of mango tree. All of them were armed with tamanchas. They exhorted to each other and fired at the husband of complainant. The husband of complainant sustained injuries and died on the spot. Complainant, her daughter Geeta and brother Ramesh Chandra raised alarm whereupon all four accused ranway. They could not catch them due to fear. According to the F.I.R. Exhibit Ka.1 in a case in which Ramkesh brother of accused Ram Bhajan was accused complainant's husband Dhunnu Prasad was making pairvi of one Shamim Musalman, due to which accused had enmity with the husband of complainant.
6. According to F.I.R. Exhibit Ka.1 in night complainant did not go to the police station due to fear. Thereafter in the morning leaving her daughter Geeta and brother Ramesh Chandra near the dead body of husband, complainant Gayatri Devi went to police station Malwa, District Fatehpour and presented report Exhibit Ka.1 on 30.6.1990 at 7.30 A.M. in Police Station Malwa, District Fatehpur, whereupon Crime No.192 of 1990, under section 302 I.P.C. was registered in Police Station Malwa, District Fatehpur against accused Ram Pratap, Bhoorey, Ram Bhajan and Kanhai and investigation was started by police. Inquest report of deceased Dhunnu Prasad was prepared by police and dead body was sent for post mortem in sealed cover after having completed other necessary formalities. Thereafter investigation was completed in accordance with law and after having completed investigation police submitted charge sheet Exhibit Ka.13 under section 302 I.P.C. against all accused whereupon learned 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 S.T. No.711 of 1990 (State Vs. Ram Pratap and others) under section 302 I.P.C., Police Station Malwa, District Fatehpur was registered in session court of district Fatehpur. Later on said session trial was transferred to the court of IIIrd Additional Sessions Judge, Fatehpur, who framed charge against all accused for offence punishable under section 302/34 I.P.C.
7. All accused pleaded not guilty and claimed to be tried.
8. Prosecution examined P.W.1 compalinant Gyatri Devi, P.W.2 Km. Geeta Devi, P.W.3 Dr. Harish Chandra Sachan, P.W.4 Head Constable Ram Autar Singh and P.W.5 Investigating Officer S.I. Dhanpal Singh and closed his evidence.
9. After prosecution evidenc
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