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IN THE HIGH COURT OF ALLAHABAD
BHARAT BHUSHAN, SATYA NARAIN AGNIHOTRI, JJ.
Halke @ Gulab & Others – Appellant
Vs.
State Of U.P. – Respondent
CRIMINAL APPEAL No.3266 of 2002
Decided on : 25-05-2017
Indian Penal Code - Murder - Section 302, Section 34 - Summary of Acts and Sections: The court discussed the provisions of Section 302 and Section 34 of the Indian Penal Code, which deal with murder and acts done by several persons in furtherance of common intention. The court analyzed the evidence and witness testimonies in light of these legal provisions to establish the guilt of the accused.
Fact of the Case:
The complainant and his son were intercepted and assaulted by the accused with an axe, resulting in the death of the son. The prosecution alleged enmity as the motive for the murder.
Finding of the Court:
The court found that the murder was committed by the accused based on the reliable testimonies of the witnesses and the evidence presented. The court dismissed the appeal and upheld the judgment of the trial court, convicting the appellants.
Issues: The issues revolved around the reliability of witness testimonies, the timing of the incident, and the presence of enmity as a motive for the murder.
Ratio Decidendi: The court relied on the consistent and reliable testimonies of the witnesses, the correction made by the complainant regarding the timing of the incident, and the presence of enmity as established by the accused themselves to establish the guilt of the accused.
Final Decision: The appeal was dismissed, and the judgment of the trial court convicting the appellants was upheld. The appellants were directed to surrender in the trial court if they were on bail.
S.N. Agnihotri, J.
1. The instant appeal is directed against the judgment and order dated 27.06.2002 passed by IInd Additional Sessions Judge, Mahoba in Crime No. 155 of 2000, Sessions Trial No. 141 of 2000, under Section 302 read with Section 34 Indian Penal Code, Police Station Ajnar, District Mahoba (Halke alias Gulab and two others versus State of U.P.), whereby the learned Additional Sessions Judge, Court No. 2 held appellants Halke @ Gulab Chandra, Santosh and Ram Saran guilty and awarded life imprisonment with a fine of Rs. 5,000/- each in default of which additional imprisonment of six months was also ordered.
2. According to F.I.R. and the statement of the witnesses of the prosecution, the facts of the case are that the complainant Sri Thakur Das (PW1) with his son Sri Ram Swaroop (deceased) were coming from jungle (field) carrying fire wood on 18.07.2000 at about 01:30 p.m. When they reached near the house of Nandua Kachhi, accused persons namely Halke alias Gulab, Santosh, Ram Saran and Nand Kishore (Juvenile) intercepted them. Accused were armed with axe. Accused Sri Ram Saran exhorted other accused to kill father and son and then they all collectively assaulted Ram Swaroop with axe. Complainant and his son made hue and cry, hearing which the witnesses Sarve Shri Dau (PW2), Veer Singh @ Biru (PW3) and Shekhar came at the place of occurrence and witnessed the incident. Accused persons chopped off the head from the trunk of deceased Ram Swaroop. Complainant (PW1) got scribed an application from Sri Nathu Ram, Exhibit Ka-1 and lodged it at Police Station Ajnar.
3. It is also alleged by the complainant that prior to this incident, a quarrel took place between the deceased Sri Ram Swaroop wherein son of accused Sri Ram Saran namely Sri Rajesh @ Rajo was injured. Accused-persons committed murder of complainant son Sri Ram Swaroop due to this enmity.
4. After registration of the crime, Sub Inspector, Sri Ranjeet Singh started investigation and visited the place of the occurrence with required documents and police employees. He prepared inquest report Exhibit Ka-4. After execution of the inquest report, investigator prepared documents Police Form No. 13 Exhibit Ka-5, photo of dead body Exhibit Ka-6, letter to Reserve Inspector Police Line Mahoba Exhibit Ka-7, letter to Chief Medical Officer, Mahoba Exhibit Ka-8 and sent the body to District Head Quarter for Post Mortem. After that Investigator inspected the place of occurrence, prepared site plan Exhibit Ka-10 and took blood stained and simple soil from the place of occurrence, prepared a memo Exhibit Ka-9. On 20.7.2000 police arrested accused persons Sri Santosh, Sri Ram Saran and Sri Nand Kishore and recovered three axes at the instance of accused persons. Investigation Officer also prepared memo Exhibit Ka-11 of recovery relating to axe. On 22.7.2000, Investigating Officer Sri Surendra Singh arrested accused Halke @ Gulab. On the pointing of accused Halke @ Gulab, Sub Inspector Shri Surendra Singh recovered axe from the bushes of Sadabahar. Blood stained earth, axes and clothes of the deceased, which were found on dead body at the time of Post Mortem were sent for chemical examination to Vidhi Vigyan Prayogshala, Agra, U.P. report of which is on record Exhibit Ka-16. Sri Surendra Singh investigator inspected the place of recovery of axes from all four accused in two sets and prepared two site plans which are Exhibit Ka-10 & 14.
5. After recording of the Statements of the complainant and witnesses and on completion of the investigation, Sub Inspector Shri Surendra Singh submitted Charge sheet in the Court against the accused-appellants under Section 302 read with Section 34 I.P.C.
6. Learned Trial Court framed charges against the accused persons under Section 302 read with Section 34 I.P.C. on 08.01.2001. Accused persons namely Sri Santosh, Sri Ram Saran and Sri Halke @ Gulab Chatra denied the charge and claimed to be tried. Accused Sri Nand Kishore was not charged b
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