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IN THE HIGH COURT OF ALLAHABAD
BHARAT BHUSHAN, SATYA NARAIN AGNIHOTRI, JJ.
MUNNA - Appellant
Versus
STATE OF UTTAR PRADESH - Respondent
Criminal Appeal No. 4789 of 2003
Decided On : 27-04-2017
Murder - Criminal Law - Indian Penal Code, Section 302, Section 34, Arms Act - [KEYWORD] - Murder - Indian Penal Code, Section 302, Section 34, Arms Act - [302, 34, 25] - The court upheld the conviction of the appellants under Section 302 read with Section 34 of the Indian Penal Code and Section 25 of the Arms Act. The judgment discussed the eyewitness testimonies, medical evidence, and the recovery of the weapon, and concluded that the prosecution had fully established the guilt of the accused. The court also dismissed the appeal of the deceased appellant Anokhe Lal, whose appeal stood abated due to his death during the pendency of the appeal.
Fact of the Case:
The case involved the murder of Mahipal by the appellants Anokhe Lal and Munna, along with a juvenile, using a gun, pistol/revolver, and a knife. The complainant, Smt. Sonwati, and her son Rajesh were eyewitnesses to the incident. The prosecution presented evidence including eyewitness testimonies, medical reports, and the recovery of the weapon.
Finding of the Court:
The court found the appellants guilty of murder under Section 302 read with Section 34 of the Indian Penal Code and sentenced them to life imprisonment. The appeal of the deceased appellant Anokhe Lal was dismissed as it stood abated due to his death during the pendency of the appeal.
Issues: The issues included the reliability of eyewitness testimonies, the admissibility of medical evidence, and the recovery of the weapon. The court also addressed the delay in lodging the FIR and the alleged enmity between the parties.
Ratio Decidendi: The court held that the eyewitness testimonies, medical evidence, and the recovery of the weapon were credible and established the guilt of the accused. The court also emphasized that minor discrepancies in the testimonies did not affect the credibility of the witnesses. Additionally, the court noted that failure to cross-examine certain witnesses led to the presumption of the truth of their statements.
Final Decision: The court upheld the conviction of the appellants under Section 302 read with Section 34 of the Indian Penal Code and Section 25 of the Arms Act. The appeal of the deceased appellant Anokhe Lal was dismissed as it stood abated due to his death during the pendency of the appeal. The court directed the accused Munna to surrender if on bail.
SATYA NARAIN AGNIHOTRI, J.
1. The instant appeal has been filed against the common judgment and order dated 18.9.2003 passed by the Additional Sessions Judge, Fast Track Court No. 4, Budaun in Sessions Trial No. 177 of 2002 arising out of Case Crime No. 53 of 2001, under Section 302 read with Section 34 I.P.C. and Sessions Trial No. 178 of 2002 arising out of Case Crime No. 74 of 2001, under Section 25 Arms Act, Police Station Musajhag, District Badaun, where by Learned Trial Court held both appellants guilty under Section 302 read with Section 34 I.P.C. and sentenced them to life imprisonment and fine of Rs. 5000/- in default of which they had to under go further imprisonment of six months. Appellant Munna was further sentenced to imprisonment of two years under Section 25 Arms Act.
2. During the pendency of appeal appellant Anokhe Lal died. His appeal stands abated as per order dated 12.09.2013.
3. The factual matrix of the case is that on 23.5.2001, the complainant Smt. Sonwati was heading towards her Village- Murhsaina Khurdh, P.S. Musajhag, District-Badaun along with her husband's elder brother Mahipal, son Rajesh and younger son in her lap after performing a religious ceremony (Kheer Chatai) in Village Paparh. When the complainant, her son and elder brother of her husband (Jeth) Mahi Pal reached near the Vijay Maintha Plant situated in between Murhsaina Khurd and Bujhia Village at about 9:30 a.m., she saw late Anokhey Lal with gun, Munna with pistol/revolver and Dheer Pal alias Kallu with knife. The late Anokhey Lal exhorted his both sons to kill Mahipal. Thereafter Anokhey Lal fired with gun upon Mahipal. Mahipal tried to escape, then another accused Munna fired upon Mahipal from other side. Receiving gun shot injury deceased Mahipal fell on the ground. Juvenile Dheer Pal thereafter stabed deceased Mahipal with knife. Mahipal died on the spot due to injuries inflicted by the accused persons. Accused person ran away from the spot. Thereafter complainant lodged F.I.R. Exhibit Ka-1 after getting it scribed by Rajveer Singh.
4. After recording F.I.R., Station House Officer (S.H.O.) Kanhya Lal took up investigation and recorded the statements of complainant Smt. Sonwati, witnesses Sarva Shri Hakim Singh, Chotey Singh, Ajay Pal Singh, Lalman Singh, Surendra Singh, Dular Singh, Shamshad Hussain and Ved Ram.
5. I.O. visited place of occurrence and prepared inquest report Exhibit Ka- 4. He also prepared photo nash Exhibit Ka-5, sample of seal Exhibit Ka- 6, challan Exhibit Ka-7, letter to R.I. Police Exhibit Ka-8 and letter to Chief Medical Officer Exhibit Ka-9.
6. Thereafter Investigating Officer (I.O.) inspected the place of occurrence and prepared site plan Exhibit Ka-3. I.O. collected sample of simple and blood soaked earth and prepared a memo. I.O. also recovered three empty cartridges from the place of occurrence and prepared memo of recovery which are Exhibit Ka-10 and Ka-11 respectively.
7. On 12.06.2001, one knife was recovered at the instance of Dheeraj @ Dheer Pal. Appellant Munna was arrested and on 16.6.2001 a country made pistol/revolver was recovered at the pointing of accused Munna with an empty cartridge of 315 bore and a live cartridge. Memo of recovery was prepared which is Exhibit Ka-12. After completion of the investigation, Kanhaiya Lal, S.H.O. submitted charge sheet Exhibit Ka- 15 in the Court.
8. Shri Surendra Singh, P.W 6, the I.O. of connected Crime No. 74 of 2001 Sessions Trial No. 178 of 2002, under Section 25 of Indian Arms Act, conducted investigation under Section 25 Arms Act.
9. To substantiate its case, prosecution, examined PW1 Smt. Sonwati complainant (eye witness), PW2 Shri Rajesh (eye witness), PW3 Dr. Amar Singh, PW4 Shri Kanhaiya Lal Investigating Officer of Crime No. 53 of 2001, under Section 302 read with Section 34 I.P.C., PW5 Shri Daya Ram Sagar Constable Clerk (writer of Check F.I.R. and G.D. of Crime No. 74 of 2001), under Section 25 Arms Act and PW6 Shri Surendra Singh I.O. of Crime
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