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ALLAHABAD HIGH COURT
Arvind Kumar Mishra-I, J.
Ram Khelawan Yadav - Appellant
Versus
State of U.P. - Respondent
Criminal Appeal No. 683 of 2014
Decided On : 26-05-2016
IPC - Criminal Law - Sections 302, 309, 304(2) - The judgment and order of conviction dated 11.12.2013 passed in S.T. No.457 of 2011 arising out of Case Crime No.133 of 2011, Police Station Manikpur, district Pratapgarh, is hereby affirmed.
Fact of the Case:
The appellant was convicted and sentenced for causing the death of the deceased by assaulting him with an axe-like weapon. The prosecution's case was based on the testimony of eyewitnesses and the recovery of the weapon used in the assault.
Finding of the Court:
The court found the prosecution's evidence, including the eyewitness testimony and the recovery of the weapon, to be consistent and credible. The court concluded that the prosecution had proved its case beyond reasonable doubt.
Issues: The main issue was whether the appellant was responsible for the death of the deceased and whether the prosecution had proven its case beyond reasonable doubt.
Ratio Decidendi: The court relied on the testimony of eyewitnesses, the recovery of the weapon, and the medical evidence to conclude that the appellant was responsible for the death of the deceased.
Final Decision: The judgment and order of conviction dated 11.12.2013 passed in S.T. No.457 of 2011 arising out of Case Crime No.133 of 2011, Police Station Manikpur, district Pratapgarh, is affirmed. The appeal is dismissed, and the appellant is to serve the remaining part of the sentence.
Arvind Kumar Mishra-I, J. –
The instant jail appeal has been preferred at the instance of the appellant Ram Khelawan Yadav from District Jail, Pratapgarh against the judgment and order of conviction dated 11.12.2013 passed by Special/Additional Sessions Judge, Pratapgarh in Sessions Trial No.457 of 2011, under Sections 302, 309 IPC arising out of Case Crime No.133 of 2011, Police Station Manikpur, district Pratapgarh, whereby the appellant has been convicted and sentenced to 7 years rigorous imprisonment with fine of Rs.5000/- under Section 304 (2) IPC, in case of default, he will have to suffer one year additional imprisonment. Appellant has been acquitted of charge under Section 309 IPC.
2. Heard Sri Dheeraj Srivastava, amicus curiae for the appellant and Sri S.A.M. Zaidi, learned AGA for the State and perused the record.
3. Prosecution story, as reflected from record appears to be that Vimla Devi wife of Rajesh Kumar Yadav, lodged a written report at Police Station Manikpur, District Pratapgarh on 23.4.2011 to the effect that today i.e. 23.4.2011 at about 11: 30 a.m., her father-in-law Jagdish Prasad Yadav was carrying wheat stack on his head from agricultural field to his home. As soon as he reached in front of house of Ram Khelawan Yadav on road, suddenly Ram Khelawan Yadav appeared on the scene possessing farsa (axe like weapon) in his hand and assaulted with it her father-in-law Jagdish Prasad Yadav on his right leg below knee. On alarm being raised, Ram Khelawan Yadav fled away inside his home. Having seen a good number of people who had arrived on the spot, he consumed poison standing on the doorstep of his house. Report be lodged and action be taken. This written report is Exhibit Ka-1 on record.
4. The entry of Exhibit Ka-1 was taken down in the Check FIR at Crime No.133 of 2011, under Sections 324, 309 IPC at Police Station Manikpur, district Pratapgarh at 12.15 P.M. on 23.4.2011. Check FIR is Exhibit Ka-7. On the basis of above entry case was registered at Report No.22 of General Diary dated 23.4.2011 at 12.15 P.M. at Police Station Manikpur at case crime no.133 of 2011, under Sections 324, 309 IPC against accused-appellant.
Copy of the same is Exhibit Ka-8 on record.
5. Thereafter, it is so reflected that the injured was taken to the hospital from where he was referred to Allahabad and on way to hospital, the injured scummed to his injuries. Consequently, on information being received at the police station, Section 304 IPC was also added in the aforesaid crime number vide Report No.30 of General Diary dated 23.4.2011 at 6.30 P.M. at Police Station Manikpur. Copy of this General Diary is Exhibit Ka-9 on record.
6. The investigation followed and inquest report was prepared. Preparation of inquest report commenced at 7.30 P.M. and was completed at 9 P.M. on 23.4.2011. The inquest report is Exhibit Ka-2 on record. Relevant papers were prepared for sending the dead body of the deceased for postmortem examination. Letter to R.I. is Exhibit Ka- 10. Letter to C.M.O. is Exhibit Ka-11. Photonash is Exhibit Ka-12. Police Form-13 is Exhibit Ka-13. Specimen seal is Exhibit Ka-14. Thereafter postmortem examination on the dead body of deceased Jagdish Prasad Yadav was conducted on 24.4.2011 at mortuary, Pratapgarh at 3.50 P.M., wherein the following ante-mortem injuries were noted: -
AMI;- 1. Deep lacerated wound on right leg posterior side (calf muscles vessels lacerated and visible) (middle portion of right leg) about circumference of leg lacerated 4 cm deep. Febula bone of right leg fractured.
2. Abrasion right knee 1x1 cm (ant. side).
3. Abrasion left knee 1x1 cm (ant. side)
7. In the opinion of doctor, cause of death was shock and haemorrhage as a result of ante-mortem wound as shown in the A.M.I. The duration was said to be about one day. Dr. Israr Ahmad P.W.5 has proved the postmortem report as Exhibit Ka-6 on record.
8. During course of investigation, the appellant was arrested and after his arrest recovery of farsa (axe l
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