Back
2018 Supreme(All) 1540
IN THE HIGH COURT OF ALLAHABAD
SUDHIR AGARWAL, VIJAY LAKSHMI, JJ.
Purshottam Rai - Appellant
Versus
State of U.P. - Respondent
Criminal Appeal Nos. 2577 and 3050 of 1983
Decided On : 07-09-2018
For the Appellants : S.C. Srivastava, B.N. Rai and Prashant Singh (A.C.)
Headnote:(A) (Indian) Penal Code, 1860 – Section 302 – Murder – Circumstantial evidence – Murder proved – Appellant was seen by witnesses going to place of incident – In midnight appellant came to his house awaking his cousin brothers and informed that some dacoits have killed his father and have looted cattles and dera – His cousin brothers along with villagers rushed to Dera where they found dead body of deceased lying in a pool of blood however nothing was found looted and cattles were found intact – Appellant neither made any effort to lodge F.I.R. about dacoity nor about ghastly incident of brutal murder of his father – A little before dawn when things started becoming visible witnesses noticed blood stain on clothes of appellant – Appellant immediately after that left spot and came back after sometime in changed clothes – Appellant was found mysteriously missing from his home when Investigating Officer felt necessity of re-interrogating him – He made futile attempts to run away after seeing police – After his arrest appellant confessed his guilt before Investigating Officer and gave him blood stained wet clothes and kept in place about which only he had knowledge – In forensic science laboratory report human blood found on articles sent for chemical examination – Appellant neither stated anything in his defence nor adduced any defence witness – Motive behind murder was that appellant being only son of deceased was bent upon to get property partitioned however deceased never succumbed to pressure – Plea of alibi taken by appellant could not be proved by him – Conviction and sentence upheld.
(B) Evidence Act, 1872 – Section 27 – Discovery of incriminating articles and weapon of offence by Police – Held, is admissible in evidence if same was not in knowledge of Police before its disclosure.
Appeals Dismissed.
VIJAY LAKSHMI, J.
1. As both these appeals arise out of same judgment and order dated 18.7.1983 passed by IVth Additional Sessions Judge, Ghazipur in Sessions Trial No.91/1982 arising out of Case Crime No.79/1981, whereby the appellant has been convicted and sentenced under Section 302 of I.P.C. with Life Imprisonment, both are being decided together by this common judgment.
2. We have heard Shri. Prashant Singh, learned amicus Curaie on behalf of the appellant, Shri Rishi Chaddha learned A.G.A. for the State and have carefully gone through the lower court's record.
3. The facts in brief are that the deceased Ramdeo Rai, the father of the accused-appellant Purshottam Rai, was living jointly with the family of his real brother Bhola Rai. Both the brothers had 30 bighas of land having joint title and possession. The accused-appellant is the only son of Ramdeo Rai, whereas Bhola Rai has four sons namely Paramhans Rai, Balmohan alias Babbban Rai, Manoj Kumar Rai and Ravindra Nath Rai and three daughters. Their residential house was situated in the main abadi of village Sherpur Kalan, whereas they had a thatched accomodation (Dera) in their fields where they used to keep agricultural goods and cattles. A pumping set was also installed there. The deceased Ramdeo Rai used to sleep at Dera for the purpose of watching the crops, cattles and the pumping set. The accused-appellant Purshottam Rai had lost his mother in his childhood and he himself was issueless. It is stated that perhaps due to this reason, he and his wife had become short tempered. The appellant was pressurizing his father, deceased Ramdeo Rai, to separate his share from the family of his brother Bhola Rai by a partition, but the deceased was not adhereing to this, despite several attempts made by the accused. As a result, there weres clashes between the father and the son, off and on.
4. The prosecution case in this background, is that in the evening of 1.6.1981 at about 8 P.M., the accused-appellant had gone to the Dera taking with him the meals for his father. At about 3 A.M. in the intervening night of 1/2.6.1981, he returned back to his house and awaken his cousin brother Ravindra Nath Rai (P.W.1) and Paramhans Rai (not examined) informing them that some dacoits had killed his father and had looted away the cattles from the dera. Hearing this, Ravindra Nath Rai and his brother Paramhans Rai called Om Prakash Rai @ Bechan Rai (P.W.5), Surendra Rai and Tarkeshwar Prasad (not produced) of their village and proceeded towards the Dera. On their way they also picked up Narain, Banwari Singh Yadav (not produced) and his two sons Sati Ram (P.W.3) and Vikrama (not produced). On reaching their Dera, they found their Uncle deceased Ramdeo Rai lying on his cot in a pool of blood inside the thatched accomodation, but they found the cattles, pumping set and all other things in the Dera intact. Moved by the pathetic scene, P.W.1 Ravindra Nath Rai and his brother Paramhans Rai burst into tears and came out in the Khalihan. The appellant also followed them. Meanwhile, the dawn had approached and in the light the witnesses noticed blood stains on the clothes of the appellant. When they enquired, the appellant informed that his clothes might have got blood stains while he was seeing his deceased father. After that the appellant went away towards village Sherpur Kalan. P.W.1 Ravindra Nath Rai and his brother thought that the appellant might have gone to lodge the F.I.R., but after sometime the appellant came back with changed clothes.
5. In the meantime, the village Chowkidar Jagarnath gave oral information at the police outpost of Sherpur Kalan about the murder of deceased Ramdeo Rai, on the basis of which case was registered against unknown criminals at Case Crime No.79/81 under Section 302 I.P.C. The check report (Exhibit Ka-8) was prepared and relevant entries were made in the General Diary (Exhibit Ka-1).
6. On 02.6.1981, Sub Inspector Jagdish Singh Yadav (P.W.8) was entrusted
