Back
2017 Supreme(All) 1497
ALLAHABAD HIGH COURT
Bharat Bhushan, Shailendra Kumar Agrawal, JJ.
Anant Ram - Appellant
Versus
State of U.P. - Respondent
Criminal Appeal No. 1881 of 1998
Decided On : 19-04-2017
For the Appellant : J.S. Lal, Dr.Abida Syed Amicus Cur., R.L. Verma.
For the Respondent: D.G.A., AGA.
The court emphasized the duty of the appellate court to scrutinize the evidence, arrive at an independent conclusion, and ensure that the prosecution's case is proved beyond reasonable doubt. The court also highlighted the importance of reappraising the evidence in a criminal appeal and the need for careful evaluation of witness testimonies.
Headnote:
Criminal Appeal - Conviction under Section 302 I.P.C. and 4/25 Arms Act - Section 302 I.P.C., Section 4 /25 Arms Act
Fact of the Case:
The appellant Anant Ram was convicted and sentenced to Life Imprisonment under Section 302 I.P.C. and three years’ of rigorous imprisonment under Section 4 /25 Arms Act for the murder of Pakhi, the wife of his younger brother Daya Ram. The prosecution's case was based on the testimonies of witnesses and the post-mortem report of Pakhi.
Finding of the Court:
The court found the testimonies of the witnesses to be credible and reliable, and the evidence proved the guilt of the accused beyond all reasonable doubt. The court affirmed the judgment and order of the lower court, dismissing the appeal and affirming the conviction and sentence of the accused.
Issues: The issues revolved around the credibility of the witnesses, the timing of the F.I.R., the absence of independent witnesses, and the motive behind the murder.
Ratio Decidendi: The court relied on the testimonies of the witnesses, the post-mortem report, and the absence of material contradictions to establish the guilt of the accused beyond all reasonable doubt.
Final Decision: The appeal was dismissed, and the conviction and sentence of the accused Anant Ram were affirmed.
Shailendra Kumar Agrawal, J.
1. This criminal appeal has been preferred against judgment and order dated 27.8.1998 passed by Spl/ Addl. Sessions Judge, Shahjahanpur in Sessions Trial No. 821 of 1995 (State of U.P. v. Anant Ram), under Section 302 I.P.C. and 4/25 Arms Act PS-Sehramau South, District-Shahjahanpur, by which the appellant Anant Ram was convicted and sentenced to Life Imprisonment under Section 302 I.P.C. and three years’ of rigorous imprisonment under Section 4 /25 Arms Act.
2. Heard Ms. Dr. Abida Syed, learned counsel for the appellant (Amicus Curiae) and Shri Ajit Ray, learned A.G.A. and perused the record.
3. The brief facts of the case are that- the complainant Gajju Lal s/o Shobha Jatav, resident of village Pasgawan, PS- Sehramau South, District-Shahjahanpur filed written report Ex. Ka1 scribed by Shyamlal that the accused appellant Anant Ram s/o Sukkha, resident of village Pasgawan abducted Pakhi, the wife of his younger brother Daya Ram about four months ago. The accused and Pakhi returned back to the village after one month. After her return Pakhi remained with his younger brother Daya Ram but the accused Anant Ram used to meet Pakhi regularly and wanted to abduct Pakhi again but Pakhi resisted him. On 8.7.1995 at about 2: 30 p.m. when Pakhi was going to make natural call in the field of Matloob Khan, the accused Anant Ram caught her and stabbed her many times with a knife. At the time of incident, the complainant and his younger brother Daya Ram were sitting on chabutra under peepal tree belonging to Jagnay and on seeing the occurrence they rushed to save Pakhi and in the mean time Anant Ram also stabbed himself with the same knife and fell down on the ground. Pakhi died instantly. The knife was lying near Anant Ram. The body of Pakhi and injured Anant Ram were lying on the spot. Many people had gathered there.
4. On the basis of written report Ex. Ka1, the case was registered in crime no. 86/95 under Section 302 I.P.C. and Chick F.I.R. Ex. Ka16 was prepared. Rajpal Singh (P.W.5) took this investigation in his hand and reached on the spot with police force and started the process of inquest and the body of Pakhi was sent for post-mortem. He, with the help of constable Ram Kishan and Hazari Lal, prepared the concerned documents i.e. Panchayatnama Ex. Ka6, Photo Lash Ex. Ka7, Letter R.I. Ex. Ka8, Challan Lash Ex. Ka9, Letter C.M.O. Ex. Ka10, Seal sample Ex. Ka11. The witness also stated that he took the blood stained and simple earth from the spot and prepared a fard Ex. Ka12. He also prepared a fard of old steel kettle Ex. Ka13. He also took knife Ex.1 in possession, prepared fard Ex. Ka14. He inspected the spot and prepared site plan Ex. Ka15 where knife was found. This witness further deposed that he recorded the statement of accused on 9.7.1995. The witness also proved the Chick F.I.R. Ex. Ka16 prepared by H.M. Rajveer Singh and G.D. no.27 Ex. Ka17 dated 8.7.1995 which was written and signed by H.M. Rajveer Singh. He also proved the Chick F.I.R. Ex. Ka18 under Section 4 /25 Arms Act and G.D. no.6 as Ex. Ka19, and also proved the spot map where this incident occurred as Ex. Ka20. Witness also proved the knife Ex.1 and kettle Ex.2. After completing the investigation he submitted charge-sheet (Ex. Ka3) under Section 302 I.P.C. against the accused.
5. Case of the accused was committed to the court of sessions for trial by Sri Ram Prakash Gupta, the then A.C.J.M.II, Shahjahanpur on 9.11.1995.
6. The accused was charged under Section 302 I.P.C. and under Sections 4/25 Arms Act by Sri R.K. Sharma, the then IV Addl. Sessions Judge, Shahjahanpur on 5.12.1995. The accused pleaded not guilty to the charge and claimed to be tried.
7. The prosecution has examined complainant Gajju Lal P.W.1, Daya Ram P.W.2, Dr. H.D. Kapoor P.W.3, S.I. Latoori Singh P.W.4, S.I. Rajpal Singh P.W.5 in support of its case.
8. P.W.4 S.I. Latoori Singh proved the charge-sheet Ex. Ka3 filed under Section 4 /25 Arms Act. He also proved the
