Back
2015 Supreme(All) 4046
ALLAHABAD HIGH COURT
Om Prakash-VII, J.
Jumeydeen and Others - Appellant
Versus
State of U.P. - Respondent
Criminal Appeal No. 1429 of 2011
Decided On : 21-08-2015
For the Appellant :- Pankaj Bharti, B.S. Khokher, J.P. Mishra, Mukhtar Alam, Noor Mohammad, R.P. Pandey, Advocates.
For the Respondent:- Nazrul I. Jafri, Govt. Advocate.
The main legal point established in the judgment is the importance of a plausible explanation for delay in filing an FIR, as well as the need for the punishment to be proportionate to the gravity of the offence.
Headnote:
DELAY IN FILING FIR - CRIMINAL LAW - [Sections 147, 148, 307/149 IPC] - The court found that the delay in lodging the FIR was properly explained by the prosecution, and therefore, the delay did not make the complainant's case improbable. The court cited legal precedents to support the importance of a plausible explanation for delay in filing an FIR and emphasized that deliberate delay in lodging the complaint is always fatal.
Fact of the Case:
The case involved an incident where the accused appellants were convicted for offences under Sections 147, 148, 307/149 IPC for assaulting and causing injuries to the victims. The victims objected to the accused trying to have an illegal electric connection, which led to a confrontation and subsequent assault by the accused appellants.
Finding of the Court:
The court found that the prosecution had fully succeeded in proving the charges against the accused appellants beyond reasonable doubt. The court also addressed the delay in filing the FIR, the motive behind the incident, the location of the incident, the injuries sustained by the victims, and the participation of the accused appellants in the offence.
Issues: The issues included the delay in filing the FIR, the motive behind the incident, the location of the incident, the injuries sustained by the victims, and the participation of the accused appellants in the offence.
Ratio Decidendi: The court emphasized the importance of a plausible explanation for delay in filing an FIR and cited legal precedents to support this. The court also analyzed the evidence related to the motive, location, injuries, and participation of the accused appellants to reach its decision.
Final Decision: The court partly allowed the appeal, modifying the judgment and order. It acquitted one of the accused appellants and reduced the sentences of others based on the analysis of the evidence and legal principles.
Om Prakash VII, J. –
This criminal appeal has been preferred by the accused appellants against the judgement and order dated 4.3.2011 passed by the Additional District & Sessions Judge/Special Judge, Muzaffarnagar in Session Trial No.453 of 2005 (State v. Jumedin and others) convicting and sentencing the appellants for the offences punishable under Sections 147, 148, 307/149 IPC. Fine was also imposed.
2. The facts of the case, as unfolded by the informant Ishak son of Man Khan in the First Information Report (in short 'F.I.R.'), are that on 23.2.2002 at about 5.00 p.m., Jumedin and Shakir were trying to have illegal electric connection by putting cable in front of the house of complainant's nephew. Gayur, the nephew of the informant and Nasib Ali, the grand son of the informant forbade them from taking illegal electric connection, which caused great infuriating and wrath to Jumedin and Shakir. Jumedin and Shakir proceeded towards their houses threatening Gayur and Nasib Ali to face dire consequences. After a while, Jumedin & Tahir son of Umarjan, Umerjan son of Ramzan, Ismail alias Kalloo, Shakir, Shakoor son of Ayyub and Ayyub son of Ramzan equipped with country made pistol, spear and lathi assaulted Gayur and Nasib with their respective weapons. Hearing the sound of firing and also shrieks of the injured, the informant and other persons reached on the spot. Gayur and Nasib sustained fatal injuries hence both were hospitalised in the Government Hospital, Muzaffarnagar. The nephew of the informant was serious, hence could not lodge FIR in the evening itself.
3. On the basis of the written report (Ext. ka-1), chik First Information Report (Ext. Ka-6) was registered at Police Station concerned on 24.2.2002 at 8.00 a.m. mentioning all the details as had been described in Ext. Ka-.1. G.D. entry ( Ext. Ka-8) was also made at the same time.
4. Investigation in the matter was started by the Investigating Officer. He inspected the place of occurrence and prepared site plan (Ext. ka-11). The Investigating Officer also recorded statements of witnesses.
5. Injured Nasib Ali was medically examined on 23.2.2002 at 6.15 p.m. by Dr. Narendra Kumar. Following injuries were found on his body:
"Lacerated wound 5.0 cm x 0.7 cm bone deep on left torrent. Parietal region of skull, 9.0 cm above the left ear and 6.0 cm above the left eyebrow."
6. According to the doctor, the injuries were caused by blunt object.
7. Injured Gayur Ali was also medically examined on the same day at 6.30 p.m. Following injuries were found on his body:
"(i) Lacerated wound 5.2 cm x 8.5 cm x bone deep on right side of temporal region of skull, 8.5 cm above the top of right ear.
(ii) Gun shot wound of entry 5.5. cm x 2.0 cm muscle deep on right side of neck, 4.5 cm below the angle right mendobil and 4.0 cm above the middle of left clavicle.
(iii) Stab wound 2.0 cm x 0.7 cm abdomen cavity deep on right side of abdomen, not probed, 4.5 cm above the right iliac crest.
(iv) Gun shot wound of entry 0.75 cm x 0.5 cm muscle deep on postero lateral aspect of right thigh, 24.0 cm above the right pop literal tossa Margin are inside & lacerated. Bleeding on touch present.
(v) Gun shot wound of Exit 1.2 cm x 0.8 cm corresponding to injury no. (iv) i.e. wound of entry. Margins are exerted & lacerated."
8. According to the doctor, injury nos. (ii), (iv) & (v) were caused by fire arm. X-ray was advised.
9. On 23.2.2002, Dr. V.P. Singh has operated the injured Gayur Ali and following injuries were found on his body:
"(i) A gutter shaped wound front of Rt. Side neck. All the tissues up to carotid artery damaged, external jugular vein bleed profusely carotid pulsation visible in the vicinity of wound. Bleeding from wound ent. very profusely, bleeds tied & wound packed as oozing from wound ent. Even after fixing the bleeding point.
(ii) Exploratory laporatorix done for injury to abdomen peritoneal cavity in full of blood. Four punctured wounds in the small intestine (lower part), intestine repair
