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ALLAHABAD HIGH COURT
Bharat Bhushan, Satya Narain Agnihotri, JJ.
Ram Prakash & Others - Appellant
Versus
State of U.P. - Respondent
Criminal Appeal No. 5410 of 2002
Decided On : 11-05-2017
Double Murder - Criminal Law - Sections 147, 148, 302/149 IPC, Section 25 Arms Act - The judgment discusses the prosecution's claim of a double murder committed due to a perceived witchcraft-induced suicide, the involvement of the accused, the evidence presented, and the court's analysis of the witnesses' testimony, medical evidence, and discrepancies in the investigation. The court affirms the conviction of the appellants and dismisses the criminal appeal.
Fact of the Case:
The case involves a double murder at the residence of the victim, Bhagwan Singh, allegedly due to a perceived witchcraft-induced suicide committed by the son of one of the accused. The prosecution presented evidence of the accused's involvement, the sequence of events, and the subsequent investigation.
Finding of the Court:
The court found the prosecution's evidence to be natural and trustworthy, affirming the guilt of the appellants. It dismissed the defense's claims of discrepancies and inconsistencies in the evidence, and upheld the conviction of the appellants.
Issues: The issues revolved around the motive for the murder, the reliability of witnesses, discrepancies in the investigation, and the connection of the recovered guns to the crime.
Ratio Decidendi: The court relied on the natural and trustworthy evidence presented by the prosecution, disregarding minor discrepancies and inconsistencies. It emphasized the prompt lodging of the FIR, the established enmity between the parties, and the failure of the defense to prove the plea of alibi.
Final Decision: The criminal appeal was dismissed, and the conviction of the appellants was affirmed. The court directed the appellants to surrender if on bail and ordered compliance with the judgment.
Bharat Bhushan, J.
1. Appellants Ram Prakash, Prag Singh and Sukhveer Singh have assailed the judgment and order dated 10.12.2002 passed by the then Additional Sessions Judge, Fast Track Court No. 1, Etah against the common judgment in Sessions Trial No. 730 of 2001 (State of U.P. v. Ram Prakash and three others) arising out of Crime No. 111 of 2001 under Sections 147, 148, 302/149 IPC, Sessions Trial No. 728 of 2001 (State v. Prag Singh) arising out of Crime No. 120 of 2001 under Section 25 Arms Act and Sessions Trial No. 729 of 2001 (State v. Sukhveer) under Section 25 Arms Act arising out of Crime No. 121 of 2001, Police Station (P.S.) Rijor, District Etah whereby appellants Ram Prakash, Prag Singh and Sukhveer Singh were convicted under Sections 147, 148 and Section 302 IPC read with Section 149 IPC and sentenced to rigorous imprisonment (R.I.) of one year, R.I. Of two years and life imprisonment with fine of Rs.2000/- respectively each with default stipulation.
2. Co-accused Suresh was acquitted under Sections 147, 148, 302/149 IPC by the same impugned judgment. Appellants Prag Singh and Sukhveer Singh were also acquitted under Section 25 Arms Act.
3. Prosecution story in brief is that one Tikender son of appellant Ram Prakash had committed suicide three years prior to the incident of this case. Ram Prakash believed that his son Tikender had been impelled to commit suicide by the witchcraft and sorcery employed by Bhagwan Singh (P.W. 2), thereby developing animus against him. Complainant, Mahaveer Singh (P.W. 1) a relative of Bhagwan Singh had the knowledge of this animus, therefore, some steps were taken for the security of Bhagwan Singh. Deceased Raghuveer Singh, brother of complainant Mahaveer Singh (P.W. 1) and another deceased Lallu Singh started to sleep at the residence of Bhagwan Singh which further infuriated appellant Ram Prakash.
4. In the intervening night of 26/27.7.2001 deceased Raghuveer Singh and Lallu Singh were sleeping besides Bhagwan Singh (P.W.2). Rajendra Singh and Chandra Pal younger brother of Mahaveer Singh(complainant) were also sleeping nearby. Gas lantern was burning. Suddenly at about 12 pm. in the night commotion erupted from the residence of Bhagwan Singh whereby complainant Mahaveer (P.W. 1), Raj Kumar (P.W. 3) and other neighbours were roused from the sleep and rushed towards Bhagwan Singh’s residence. They were flashing battery torches and holding lathies.
5. The witnesses saw that appellants Ram Prakash, Prag Singh, Sukhveer Singh and two other unknown persons were discharging fire arm weapons upon the people lying on the cots, resulting in the death of Raghuveer and Lallu while P.W. 2, Bhagwan Singh and Chandra Pal managed to escape unhurt as the pressure from neighbours and other village folks forced assailants to flee away from the spot leaving dead bodies of Lallu and Raghuveer.
6. Complainant Mahaveer (P.W.1) got the report of incident scribed by one Raj Kumar and thereafter lodged it at P.S. Rijore at 1: 50 am on 27/7/2001 i.e. within two hours of the incident at a police station which was located almost 9 kilometers away from the place of occurrence. The FIR (Ext Ka-1) was lodged at a police station in the presence of P.W.4 HCP Arjun Singh. P.W. 7 Station House Officer (SHO) V.K. Shukla was not present. HCP Arjun Singh contacted SHO V.K. Shukla (P.W. 7) in village Bhartoli from where they reached village Haidalpur, the place of incident. Inquest proceedings were conducted. Inquest reports of deceased Raghuveer (Ext. Ka-2) and deceased Lallu (Ext. Ka-3) are available on record. The cadavers of deceased persons were sent to mortuary for autopsy through P.W. 6 constable Mahavir Singh and constable Preetam Singh where autopsy was conducted by P.W. 5 Dr. B.V. Verma. P.W. 5 Dr. B.V. Verma found following ante-mortem injuries on the person of deceased Raghuveer: -
“(i) Fire arm wound of entry 3 cm x 305 cm x through & through to injury No. (2) over front of Neck in middle and Rt. Side,
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