Back
2014 Supreme(All) 3345
ALLAHABAD HIGH COURT
Arun Tandon, Akhtar Husain Khan, JJ.
Bhagwan Singh - Appellant
Versus
State of U.P. - Respondent
Criminal Appeal No. 2972 of 1987
Decided On : 20-08-2014
For the Appellant : Mohan Chandra, Ajay Kumar Pathak and Jai Narain
For the Respondents: A.G.A.
The main legal point established in the judgment is the reliance on consistent witness testimonies, corroboration by medical evidence, and absence of material contradictions to establish the guilt of the accused appellants.
Headnote:
Criminal Appeal - Conviction under section 302 I.P.C. - [F.I.R., Evidence, Conviction]
Fact of the Case:
The accused appellants were convicted for the murder of Govind Ram based on the prosecution's case that accused Bhagwan Singh had enticed away the wife of the complainant, leading to animosity between them. The accused, armed with weapons, caused injuries to Govind Ram, resulting in his death. The prosecution's case was supported by witnesses and medical evidence.
Finding of the Court:
The court found the testimonies of the witnesses to be trustworthy and reliable, and the medical evidence corroborated the prosecution's version of the events. The court concluded that the evidence was sufficient to convict the accused appellants for the offense punishable under section 302 I.P.C. read with section 34 I.P.C.
Issues: The issues revolved around the reliability of the prosecution's case, the credibility of the witnesses, and the sufficiency of evidence to establish the guilt of the accused appellants.
Ratio Decidendi: The court relied on the consistency of the witnesses' testimonies, the corroboration of the prosecution's version by medical evidence, and the absence of material contradictions to establish the guilt of the accused appellants.
Final Decision: The appeal was dismissed, and the accused appellants were ordered to surrender before the Trial Court for serving the sentence awarded to them.
Akhtar Husain Khan, J.
1. Accused appellants Bhagwan Singh, Abhai Pal alias Om Pal and Babuji have filed this appeal under section 374 Cr.P.C. against judgment and order dated 10.12.1987 passed by 3rd Additional Sessions Judge, Etah in Session Trial No. 452 of 1986, State v. Bhagwan Singh and two others under sections 302 and 302/34I.P.C., P.S. Kasganj, District Etah, whereby learned 3rd Additional Sessions Judge convicted accused appellant Bhagwan Singh for offence punishable under section302 I.P.C. and accused appellants Abhai Pal alias Om Pal and Babuji for offence punishable under section 302 I.P.C. read with section 34 I.P.C. and sentenced accused appellant Bhagwan Singh to undergo life imprisonment for offence punishable under section 302 I.P.C. and accused appellants Abhai Pal alias Om Pal and Babuji to undergo life imprisonment for offence punishable under section 302 I.P.C. read with section 34 I.P.C. During pendency of appeal accused appellant Bhagwan Singh died. Appeal abated in respect of him.
2. Sri Jai Narain, learned Counsel appeared for appellants No. 2 and 3. Sri Narendra Kumar Singh Yadav, learned A.G.A. appeared for respondent State.
3. We have heard learned Counsel for the parties and perused the records.
4. According to F.I.R. Ext. Ka-1 prosecution case is that ten months before the occurrence accused Bhagwan Singh had enticed away Smt. Morshree wife of complainant Durga Prasad and two or three months before occurrence he wanted to reside in the village alongwith Morshree wife of complainant. Complainant raised objection, on account of which accused Bhagwan Singh felt annoyed and began to keep animosity with complainant Durga Prasad. As a precautionary measure police of P.S. Kasganj challenged complainant and accused Bhagwan Singh even then accused Bhagwan Singh was rigid to live in village with Morshree wife of complainant Durga Prasad but complainant told him that he shall oppose till he is alive.
5. According to the F.I.R. Ext. Ka-1 on 15.8.1986 at about 3.00 a.m. complainant Durga Prasad was sleeping in his house on the cot of his brother Govind Ram and his brother Govind Ram was sleeping on his cot. The Lantern was burning. Accused Bhagwan Singh, Abhai Pal alias Om Pal and Babuji were seen coming in the chauk of house. Feeling movement of accused appellants Kiran Devi, the niece of complainant awoke. She climbed on the roof of kothari and raised alarm. Whereupon Mahtab Singh son of Dal Chandra and Naipal Singh son of Haitram neighbour of complainant came with torches. At the same time accused appellant Bhagwan Singh caused injuries to Govind Ram (deceased), brother of complainant with Garansa. Remaining two accused appellants , who are brothers of accused appellant Bhagwan Singh had lathies and they exhorted the accused appellant Bhagwan Singh to kill. All the accused threatened complainant and witnesses also and told them if they come near them, they shall also face same consequence. Thereafter, on raising alarm by complainant as well as above witnesses, all the accused went out of chauk of complainant's house. Govind Ram brother of complainant succumbed to injuries on the spot.
6. In the night due to fear of accused appellants, complainant did not go to police station, therefore, in the morning he got written First Information Report Ext. Ka-1 by Saheb Singh and presented the same in police station Kasgunj, District Etah on 15.8.1986 at 7.00 p.m.. Whereupon, Chik F.I.R. Ext. Ka-4 was written by Head Moharrir and Crime No. 529/1986 under section 302 was registered in P.S. Kasgunj, District Etah against accused Bhagwan Singh, Abhai Pal alias Om Pal and Babuji. Thereafter inquest report of Govind Ram (deceased) was prepared and his dead body was sent for post-mortem in sealed cover after having completed other formalities. Police completed investigation in accordance with law and after having completed investigation police submitted charge-sheet against Bhagwan Singh, Abhai Pal alias Om Pal and Babuj
