Back
ALLAHABAD HIGH COURT
Ajai Lamba, Vijay Laxmi, JJ.
State of U.P. (State Appeal) - Appellant
Versus
Prem Shankar and Others - Respondent
Criminal Appeal No. 329 of 1982
Decided On : 11-01-2017
Acquittal - Criminal Law - Section 147, 148, 307 r/w 149 and 427 Indian Penal Code - The judgment discusses the charges under Section 147, 148, 307 r/w 149 and 427 of the Indian Penal Code and the acquittal of the accused. The court analyzes the evidence and discrepancies in the prosecution's case, ultimately concluding that the accused are entitled to the benefit of doubt.
Fact of the Case:
The case involves an incident where the accused were charged with various offenses under the Indian Penal Code for an altercation that resulted in injuries and damage to property. The prosecution's case was based on the complainant's version of events and witness testimonies.
Finding of the Court:
The court found that the prosecution's evidence was inconsistent and unreliable, and the witnesses' testimonies were highly exaggerated and contradictory. The court noted discrepancies in the complainant's FIR and witness statements, ultimately leading to the conclusion that the accused were entitled to the benefit of doubt.
Issues: The issues revolved around the credibility of the prosecution's evidence, discrepancies in the complainant's FIR and witness testimonies, and the benefit of doubt in favor of the accused.
Ratio Decidendi: The court's decision was based on the principle that the accused are presumed innocent until proven guilty, and the prosecution must prove the guilt beyond reasonable doubt. The court emphasized the need for consistent and reliable evidence to establish the guilt of the accused.
Final Decision: The appeal was dismissed, and the judgment of the trial court acquitting the accused was confirmed.
Dr. Vijay Laxmi, J.
Challenge in this appeal is to the judgment and order dated 29.09.1981 passed by the then I Additional District and Sessions Judge, Unnao acquitting nine accused/respondents, namely, Prem Shanker A-1, Rajendra Prasad A-2, Suresh Chandra @ Pandey A-3, Sheo Raj A-4, Badri Prasad A-5, Buddha A-6, Rasool A-7, Machloo A-8 and Jamil Ahmad A-9 of the charges under Section 147 , 148, 307 r/w 149 and 427 Indian Penal Code in Sessions Trial No.17 of 1980 State Vs Prem Shankar & 8 others . Admittedly, cross case, Sessions Trial No.540 of 1979 State Vs Yudhishthir Singh & 8 others of this case has ended in acquittal and appeal no.403 of 1982 has been filed challenging the said acquittal by the State.
2. The incident occurred on 24.09.1978 at 5.00 p.m. near the house of the complainant, Yudhishthir Singh (hereinafter described as complainant) in village Kusaila where Prem Shanker A-1 alongwith Machloo, Rasool, Jamil Ahmad and Santosh Kumar suffered fire arm injuries. The fire arm injuries were also caused to one calf of Brij Lal who was tethered near the place of incident. The written F.I.R. Ext. Ka-1 was lodged by the complainant on the same date at 6.30 p.m. at Police Station Safipur lying 3 km away therefrom. All accused persons were prosecuted under Section 148 I.P.C.. Prem Shanker A-1 was further charged for offence under Section 307 and 427 I.P.C.. The remaining eight accused except Prem
Shanker were further charged for offence under Section 307 r/w 149 I.P.C. Accused A-2 to A-7 were also charged under Section 147 IPC. All the accused pleaded not guilty and claimed to be tried. The evidence was recorded separately in said trials and separate judgments are delivered by the Trial Court.
3. The respondent accused Buddha died during pendency of this appeal as per the report of Chief Judicial Magistrate, Unnao 25.07.2015. Thus, the appeal has abated against accused Buddha.
4. Briefly stated the facts of the prosecution case are as follows: -
The Khand Vikas Adhikari held a meeting of Gaon Sabha on 24.09.1978 at 3.00 p.m. in the primary school of village Kusaila in which many villagers participated including the complainant and the accused Prem Shanker A-1 and his party. Prem Shankar passed several remarks/taunts against the complainant in the meeting on account of old enmity. The complainant when objected to it, the accused Prem Shanker and his brothers showered abuses on the complainant. The complainant also retaliated. As a result, Prem Shanker, Rajendra Prasad, Suresh Chandra alias Pandey, Sheoraj, Badri Prasad, Buddha, Rasool and Machloo etc. fled away towards their houses giving a challenge that %hnd1%",d&,d dks vHkh xksfy;ksa ls Hkwurk gwWaA"%hnd2% The complainant got afraid of it and also ran away towards his house. As soon as he reached his door he saw that the accused Prem Shanker with double barrel gun, Jamil with a katta were coming towards the southern window of his boundary wall challenging them. Accused Prem Shanker while standing beneath his chabutra challenged the complainant and fired towards him which probably hit the calf of Brij Lal. Due to firing from the side of the accused, the complainant also fired in air in self defense while being inside his window. Many villagers had seen the terrorising incident from their roof who were crying the words %hnd1%"izse ;s D;k dj jgs gksA"%hnd2% Ram Naresh was one of such villager. Yogendra Kumar Singh, the son of the complainant and Manna Chammar who had also run off from the meeting and had reached the complainant's roof, were also the witness of this incident who raised the outcry. Besides these, many other villagers had also seen the occurrence. The occurrence has taken place at about 5.00 p.m. Afterwards, the complainant along with village chowkidaar Lochhan and his cousin Hari Shanker reached the police station at 6.30 p.m. to lodge report.
5. After due investigation, charge sheet was filed. In due course the case came for trial before learned I Add
AI
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
