Back
2014 Supreme(All) 3575
ALLAHABAD HIGH COURT
Amar Saran, Vijay Lakshmi, JJ.
Braj Kishore Tiwari - Appellant
Versus
State of U.P. - Respondent
Cr. Appeal No. 1164 of 1983
Decided On : 25-07-2014
For the Appellant : V.C. Tewari, Dileep Kumar, G.C. Saxena, K. Kumar Tripathi, Kaushlesh Tewari, Rajrshi Gupta, Ram Lakham Deobanshi,Surendra Prasad, Tapan Ghose and Viresh Mishra
For the Respondents: D.G.A., D.S. Tewari, M. Islam, P.P. Srivastava, Prashant Vyas, T. Rathore and V.K. Shukla
The reliability of eyewitness testimony, promptness of FIR lodging, and the minor nature of discrepancies in evidence are crucial in establishing a case beyond reasonable doubt.
Headnote:
Criminal Appeal - Conviction under section 302/34 IPC and section 307/34 IPC - Summary of Acts and Sections: IPC section 302/34, IPC section 307/34 - The court analyzed the evidence and contentions of the parties and found the prosecution's case against the surviving appellant Kaushlesh Kumar alias Guard Babu to be established beyond reasonable doubt. The conviction and sentence awarded by the trial judge were affirmed.
Fact of the Case:
The prosecution case involved a family feud leading to a fatal shooting incident. The deceased and his relatives were attacked by the appellants while traveling on cycles, resulting in the death of the deceased and injuries to others.
Finding of the Court:
The court found the prosecution's case against the surviving appellant to be established beyond reasonable doubt, affirming the conviction and sentence awarded by the trial judge.
Issues: The key issues involved the consistency of medical evidence with eyewitness accounts, promptness of FIR lodging, and the significance of minor discrepancies in the evidence.
Ratio Decidendi: The court relied on the reliability of the injured witness's testimony, the promptness of FIR lodging, and the minor nature of discrepancies to affirm the prosecution's case.
Final Decision: The appeal of the appellant Kaushlesh Kumar alias Guard Babu was dismissed, and the conviction and sentence awarded by the trial judge were affirmed.
Amar Saran, J.
1. This criminal appeal is directed against the judgment and order dated 4.5.1983 passed by the Additional Sessions Judge, Allahabad in ST No. 260 of 1982 whereby all the three appellants Brij Kishore, Kaushlesh Kumar and Ambikesh have been convicted and sentenced to life imprisonment under section 302/34 IPC and seven years' rigorous imprisonment under section 307/34 IPC. However, all the sentences were directed to run concurrently. As the appellants Brij Kishore and Ambikesh have died, the appeal filed on their behalf has already been abated vide order of this Court dated 20.11.2007. Now only the appeal of Kaushlesh survives.
2. Briefly, the prosecution case was that there was enmity between the informant Lalit Kumar's family and the family of Brij Kishore. 5-6 days prior to the incident in question, Brij Kishore had tried to get the father and brother of the informant Ashok Kumar murdered by hirelings. However, they survived, but they were admitted to hospital due to the injuries received. On the date of incident, i.e. 18.5.1982 at about 9.00 a.m., the informant and his brother Rajesh Kumar, the deceased and his maternal uncle (Mama's) son Amrit Lal, were proceeding towards Allahabad on cycles. The deceased, Rajesh was riding the cycle and Amrit Lal was riding pillion. The informant Lalit Kumar was following these persons at some distance on his cycle. Co-villagers Bachai Ram and Raj Kumar Mishra were also riding cycles and they were talking. As soon as the informant and the witnesses came near Chirai Ka Purva, in front of the Mirzapur road, Brij Kishore Tiwari armed with SBBL gun and his two sons Ambikesh armed with DBBL guns and Kaushlesh carrying an SBBL gun emerged on the road, Brij Kishore exhorted that the Sala should not be allowed to escape, then all the three persons fired from very near because of which Rajesh Kumar and Amrit Lal received firearm injuries. On the cries raised by the witnesses, the three assailants giving life threats, fled away towards the east on a motorcycle. This incident was witnessed by Bachai Ram, Raj Kumar and others. When the informant was bringing his brother to the hospital, he died on the way. His cousin brother Amrit Lal proceeded to the Allahabad Hospital alongwith Constable Ojha. A report of the incident was lodged at 9.45 a.m. on 18.5.1982 at PS Karchana, district Allahabad, on the basis of which the chik FIR and necessary GD entries were made by Head Muharrir Lal Bahadur Singh, P.W. 4.
3. As the corpse had been brought to the police station, P.W. 9, SI Rama Shanker conducted the inquest at the police station itself. He also prepared necessary papers, such as Naksha nash, photo nash, letter, for post-mortem etc. and sealed the dead body and sent the same for post-mortem examination through Constable S.N. Singh, P.W. 8.
4. Post-mortem on the dead body of the deceased was conducted by P.W. 6, Doctor S.P. Gulati of M.L.N. Hospital, Allahabad on 19.5.1982 at 2.00 p.m., who found the following ante-mortem injuries:
"1. Firearm wound of entrance left lumbar region 3/4" x 1/2" x abdominal cavity deep 3" away from the mid line at the level of L 1 and blackening around it in an area of 2" x 2". The margins were inverted.
2. Firearm wound of entrance 3" x 2 1/2" in the right lumbar region lower part at upper border of right iliac crest 2 1/2" away from outer superior Iliac spine. There was blackening around it in an area of 1". Scorching was also present. Intestines were protruding out of the wound. They were lacerated at places.
3. Firearm wound of exit (a) 1/4" x 1/4" right side front of abdomen 2 1/2" below and right to umbilicus. (b) Epigastrium 1/4" x 1/4", two inches above the umbilicus. (C) 1.4" x 1/4" three and a half inches above injury No. (b)."
5. On internal examination the peritoneum was found to be perforated under injuries Nos. 1, 2, 3 and at several other places. There was blood in the abdominal cavity. The stomach was empty. The small intestine was lacerated a
