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IN THE HIGH COURT OF ALLAHABAD AT LUCKNOW BENCH
ANIL KUMAR SRIVASTAVA-II, J.
MOOL CHANDRA - Appellant
Versus
STATE OF UTTAR PRADESH - Respondent
Criminal Appeal No. 619 of 1997
Decided on : 22-03-2017
FIR - Criminal Law - [IPC 307, IPC 34] - The court found the prompt FIR to be a vital piece of evidence, emphasizing its importance and credibility. The judgment highlighted the significance of a prompt FIR in corroborating oral evidence and eliminating the chances of a false story. The court also emphasized the importance of sentencing, considering the impact on the victims and society, and the need to balance discretion with the demands of the socio-cultural milieu.
Fact of the Case:
The appellant appealed against the judgment and order convicting him under section 307 read with section 34 of the IPC. The incident involved a dispute over filling foundation, leading to the accused firing upon the victim and others, resulting in injuries.
Finding of the Court:
The court found the accused guilty under section 307 read with section 34 of the IPC, emphasizing the prompt FIR as vital evidence and rejecting the argument that the case should fall under section 323 or 324 IPC due to the absence of grievous injuries.
Issues: The issues revolved around the authenticity of the prosecution version, the significance of a prompt FIR, and the classification of the offense under section 307 IPC.
Ratio Decidendi: The court emphasized the importance of a prompt FIR in corroborating oral evidence and eliminating the chances of a false story. It also highlighted the duty of the court to respond to the collective cry of society and the need to balance discretion with the demands of the socio-cultural milieu.
Final Decision: The appeal was dismissed, and the judgment and order of the trial court were confirmed. The accused's bail was cancelled, and he was directed to surrender before the trial court within three weeks.
ANIL KUMAR SRIVASTAVA-II, J.
1. Heard Shri Shishir Pradhan, learned counsel for the appellant and learned A.G.A. and perused the record.
2. Instant appeal has arisen against the judgment and order dated 29.9.1997 passed by the learned Sessions Judge, Lakhimpur Kheri in Session Trial No. 226 of 1990, arising out of case crime no. 38/1989, under section 307 IPC, Police Station Hyderabad, District Kheri, whereby the learned trial court has acquitted the accused Lakhan and convicted the accused Mool Chand and Akhilesh under section 307 read with section 34 and sentenced them to undergo rigorous imprisonment of four years.
3. Feeling aggrieved appellants Mool Chand and Akhilesh preferred the appeal. Appellant Mool Chand died during the pendency of the appeal and his case was abated vide order dated 25.9.2014.
4. According to the prosecution version, complainant Babu Ram is resident of village Deuapur. House of one Ram Chand son of Thakur Prasad is situated towards north of his house after a lane. On 21.5.1989 Chheda Chamar came to the complainant Babu Ram, who is also pradhan of the village and complained that Mulai is filling foundation in the rasta which may cause inconvenience to the passerby. At about 07:00 PM Babu Ram went to the place where foundation was being filled where accused Mool Chand, Akhilesh and Lakhan met him. Mool Chand was armed with licenced gun while Akhilesh was armed with country made pistol and Lakhan was armed with lathi. Mool Chand asked Babu Ram as to why he has come? Who is he to decide the dispute? On exhortation Lakhan attacked the complainant from the back side. Accused Akhilesh and Mool Chand started firing with their country made pistol and rifle which hit Babu Ram. When Ram Autar and Ashok Kumar came to intervene they also received firearm injuries from the shots fired by the accused. On hearing the hue and cry Data Ram, Mahendra Pal and other residents came. Accused ran away.
5. A written report was scribed by Ram Naresh Verma which was handed over at Police Station Hyderabad on 21.5.1989 at 10:15 PM. Investigation was handed over to SI Naval Kishore Srivastava. Statement of witnesses were recorded.
6. On 22.5.1989, at 07:45 AM Dr. R.P. Pnadey Medical Officer Incharge Primary Health Centre, Gola examined the Babu Ram and found following injuries on his body.
1. Multiple gun shot wound of entry over area 10 cms x 8 cms on front outer and back of right forearm 4.5 cms. Above right wrist joint. Size varying of the wound 0.4 cm x 0.4 cm x miscle deep to 1 cm x 0.3 cm x superficial about twenty two in number. No blackening and charring present. Dry and clotted blood deposited around and wound.
2. Gun shot wound of entry three in number over an area of 4.5 cms x 1.5 cms on dorsal side of right index finger, size varying 0.4 cm x 0.4 cm x muscle deep to 0.5 cm x 0.3 cm x muscle deep. No blackening and charring was present.
3. Gun shot wound of entry two in number over an area of 1 cm x 0.5 cm. On dorsal side of right hand little finger in middle. Size varying 0.4 cm x 0.3 cm x muscle deep.
7. Injured Ram Autar was examined at 08:30 AM and following injuries were found on his body.
(1) Gun shot wound of entry 0.5 cm x 0.4 cm x muscle deep on mid and front of chest 11.6 cms. Below episternum blackening and charring not present. Dry and clotted blood present around the wound clean and fresh blood present.
(2) Gun shot wound of entry 0.4 cm x 0.4 cm x muscle deep on front outer side of right side abdomen 6 cms above right hip bone upper margin.
(3) Fire arm abrasion 0.6 cm x 04 cm on front of tip of penis.
(4) Multiple gun shot wound of entry over area 25 cms x 13 cms. On whole circumference right thigh 4.5 cms above right knee joint, size varying 0.4 cm x 0.4 cm x muscle deep to 0.3 cm x 0.3 cm x muscle deep about 10 in number. No blackening and charring present.
(5) Multiple gun shot wound of entry over an area of 11 cms x 10 cms on front outer side of right leg 11 cm below right knee joint. Size varying 0.4 c
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