Back
2016 Supreme(All) 3150
ALLAHABAD HIGH COURT
Shashi Kant Gupta, Kaushal Jayendra Thaker, JJ.
Raj Pal - Appellant
Versus
State of U.P. - Respondent
Criminal Appeal No. 1892, 1950 of 1982
Decided On : 26-05-2016
For the Appellant :- Dharampal Singh, Senior Advocate, B.C. Katiyar, Mahavir Verma, V.C. Katiyar, Advocates
For the Respondent:- Rajeev Gupta, AGA
The delay in holding the identification parade and the absence of recovery of looted property were crucial in quashing the conviction.
Headnote:
Criminal Appeal - Conviction under Section 396 IPC - [Section 396 IPC] - The judgment discusses the identification parade, delay in investigation, and lack of recovery of looted property. The court found the evidence of identification parade to be unreliable due to the delay in holding it and the insufficient light during the occurrence. The court also noted the absence of recovery of looted articles and the lack of evidence to justify the suspicion of the Investigating Officer. The conviction was quashed due to the absence of proper justification and the faulty basis of the conviction.
Fact of the Case:
The incident involved a dacoity and murder that occurred on 13/14.8.1977. The surviving appellants, Rajpal and Ram Singh, were arrested after a delay of 165 and 200 days, respectively. The identification parade was held after a delay of 50 days from the date of arrest of Ram Singh and 200 days from the date of occurrence. The witnesses' identification in court after almost four years was subject to doubt.
Finding of the Court:
The court found the evidence of identification parade to be unreliable due to the delay in holding it and the insufficient light during the occurrence. The absence of recovery of looted property and the lack of evidence to justify the suspicion of the Investigating Officer were noted. The conviction was quashed due to the absence of proper justification and the faulty basis of the conviction.
Issues: The issues included the reliability of the identification parade, delay in investigation, absence of recovery of looted property, and lack of evidence justifying the suspicion of the Investigating Officer.
Ratio Decidendi: The delay in holding the identification parade and the absence of recovery of looted property were crucial factors in quashing the conviction. The court also noted the lack of evidence justifying the suspicion of the Investigating Officer.
Final Decision: The conviction of the appellants, Rajpal and Ram Singh, was quashed, and they were acquitted of the charges. The impugned judgment and order were set aside, and the appellants were allowed to go free without the need to surrender.
Kaushal Jayendra Thaker, J. –
The appellants of Criminal Appeal No.1950 of 1982 are two in number. However, out of them, Suraj Bali – appellant No.1 died and the appeal qua him stood abated on 29.9.2015. We are left with the case of Ram Singh, who is now the appellant in Criminal Appeal No.1950 of 1982. This Court, while admitting the said appeal, passed the following order: -
"Admit.
Issue Notice.
Connect with Criminal Appeal of Rajpal admitted on 11.8.1982.
The appellants shall be released on their furnishing bail to the satisfaction of the learned Chief Judicial Magistrate, Fatehpur."
2. There were other appeals which also stood abated except Appeal No.1892 of 1982 filed by Ram Pal and hence out of 7 convicted accused, we have to deal with only 2 accused appellants who were tried and sentenced under Section 396 IPC. These appeals are filed against the judgment and order dated 3.8.1982 passed by IInd Addl. Sessions Judge, Fatehpur, and the accused have been awarded the sentence of life imprisonment.
3. Heard Sri Dharam Pal Singh, learned Senior Advocate, assisted by Sri R.C. Uttam and Sri Rajiv Gupta, learned A.G.A.
4. The appeal came to be filed in 1982. However, the same was placed before us for hearing exactly after 33 years and we have heard the learned Counsel for the parties at length.
5. On the fateful date i.e. 13.8.1977 the incident occurred at about midnight 12.00. The F.I.R. Came to be lodged at the instance of one Ram Sajiwan, who was son of Khushali Prasad Kurmi in early morning at 08.45 a.m., on 14.8.1977. alleging that on the previous night at about 12.00 hours when he and his family members namely Ajay Kumar and Rakesh Kumar (his nephew) were sleeping at the doorsteps and that some lady members of the family were sleeping in the house, whereas his mother and 2 sisters, were sleeping in the courtyard, 2 miscreants jumped in the courtyard on the cot of Smt. Kaushalya and they opened the door and facilitated the entry of 7 other miscreants. It is further alleged that the said miscreants assaulted him, his brother Ajay Kumar and nephew Rakesh Kumar and dragged them inside from the courtyard. The F.I.R. Further discloses that the assailants were armed with Tamancha (countrymade pistol). It is alleged in the F.I.R. that 3 miscreants started assaulting them. They mainly asked the inmates to reveal the place where the jewelry belonging to Smt. Kaushalya, was kept.
Smt. Kaushalya was staying in Rewadi and had come to the paternal house. The assailants also inquired about the sale proceeds of rice. An alarm was raised by Ajay Kumar and his sister, who was examined as PW1, who escaped to the Southern door on this alarm being raised, number of persons of the vicinity including one Sadlu-PW3, son of Ram Kishore, reached at the spot. Seeing these people reach the place of incident, the miscreants poured Kerosene Oil on Smt. Kaushalya and set her ablaze and left the place of incident after committing dacoity. Then they went to the house of Ram son of Bharat and looted his place also. The F.I.R. even discloses the description of the light which was available at that point of time in the courtyard. The tentative age, height and weight of the miscreants was also revealed. The first informant gave the list of all the articles which were looted from the house of Ram Sajiwan and that of Shri Ram.
6. Thereafter, the miscreants gathered at the door of the house and then they looted the house of Shri Ram, S/o Bharat. They also looted the Sutiya of silver from the person of the mother of Ram Gopal Kumar, who was present at the door of the house. The miscreants then ran away towards the East with the booty. The village people chased them but could not catch any one of the miscreants. The miscreants committed dacoity for about half an hour during which period they looted the property and fired 9 – 10 shots from Tamanchas.
7. The compl
