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2019 Supreme(All) 459
HIGH COURT OF JUDICATURE AT ALLAHABAD
RAM KRISHNA GAUTAM, J.
BAGHA @ ASHOK - Appellant
Vs.
STATE OF U.P. - Respondent
Criminal Appeal No. 1721 of 2017, 1797 of 2017
Decided On : 11-04-2019
Prakash Dwivedi, Adv., Shailesh Pandey, Adv.
The main legal point established in the judgment is the reliance on reliable and corroborated testimonies of witnesses, the mandatory nature of Section 313 of the Code of Criminal Procedure, and the principle that discrepancies in witness testimony, if not affecting the core of the prosecution case, cannot lead to the rejection of the testimony.
Headnote:
Cr.P.C. - Criminal Appeal - Section 374 (2) - 307/34, 324/34 and 436 I.P.C. - The court discussed the acts and sections referred to in the judgment, including Section 374 (2) of the Code of Criminal Procedure and Sections 307/34, 324/34, and 436 of the Indian Penal Code. The judgment also highlighted the prosecution's case, injuries sustained by the victims, and the contradictions in the testimonies of witnesses.
Fact of the Case:
The case involved a criminal appeal under Section 374 (2) of the Code of Criminal Procedure, arising from a judgment of conviction and sentence in a case involving Sections 307/34, 324/34, and 436 of the Indian Penal Code. The prosecution's case revolved around an incident where the accused individuals, armed with weapons, assaulted and caused injuries to the victims. The court analyzed the testimonies of witnesses, contradictions in their statements, and the injuries sustained by the victims.
Finding of the Court:
The court found that the testimonies of the witnesses, including the injured parties, were reliable and corroborated by medical evidence. The court also noted that the accused individuals failed to offer any explanation for the incriminating material surfaced on record during the trial. The court concluded that the judgment of conviction and sentence was proper and adequate.
Issues: The issues involved contradictions in the testimonies of witnesses, the reliability of the injured witnesses, and the failure of the accused individuals to offer any explanation for the incriminating material surfaced on record.
Ratio Decidendi: The court relied on the principle that discrepancies in the testimony of witnesses, if not affecting the core of the prosecution case, cannot lead to the rejection of the testimony. The court also emphasized the mandatory nature of Section 313 of the Code of Criminal Procedure, which requires the court to invite the accused to explain incriminating evidence.
Final Decision: The court dismissed the appeals and upheld the judgment of conviction and sentence, finding no illegality or irregularity in the trial court's decision.
Ram Krishna Gautam, J.
This criminal appeal under Section 374 (2) of Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.') Bagha @ Ashok Vs. State of U.P. and Criminal Appeal No. 1797 of 2017 by Chuchu @ Ram @ Ramu @ Ranjeet Singh, Raju @ Ram @ Rajendra Singh and Shyam under Section 374 (2) of Cr.P.C., has been filed against one and common judgment of conviction and sentence made therein, in Sessions Trial No. 25 of 2007, State of U.P. Vs. Chuchu @ Ram @ Ramu @ Ranjeet Singh and three others, arising out of Case Crime No. 397 of 2006, under Section 307/34, 324/34 and 436 I.P.C. of Police Station Kotwali Katra, District Mirzapur, whereby each of convict appellant Chuchu @ Ram @ Ramu @ Ranjeet Singh, Raju @ Ram @ Rajendra Singh and Shyam has been convicted and sentenced with seven years rigorous imprisonment and fine of Rs.10,000/-, in default of payment of fine three months additional imprisonment, under Section 307/34 I.P.C., two years rigorous imprisonment and fine of Rs. 2,000/-, in default of payment of fine, two months additional imprisonment, under Section 324/34 I.P.C.
2. In brief, case of prosecution which surfaced from judgment and record of trial Court, is that Case Crime No. 397 of 2006, under Sections 307, 324 and 436 I.P.C., was got registered at police Station-Kotwali Katra, District Mirzapur on 6.11.2006 at 22:45 hours against Shyam, Chuchu, Raju son of Jhagdu Sonkar and Bagha @ Ashok son of late Daya Ram, all resident of Mohalla Putlighar, near Jahnvi Hotel, within the area of P.S. Kotwali Katra, District Mirzapur, by way of presenting First Information Report (hereinafter referred to as 'F.I.R.') Ex. Ka-1, under hand writing and signature of Vijay Kumar Sonkar, resident of Mohalla Putlighar, near Jahnvi Hotel within the area of P.S. Kotwali Katra, with contention that on 6.11.2006, there occurred some quarrel in between wife of neighbourer Baish and accused persons, owing to which, enmity occurred. As a result, on the same date of 6.11.2006 at about 10:00 P.M. Shyam, Chuchu and Raju son of Jhagdu Sonkar, Bagha @ Ashok son of late Daya Ram, all resident of Putlighar near Janhvi Hotel within the area of P.S. Kotwali Katra, Mirzapur, armed with katta, sword and lathi-danda, got residential hut (madhai) of informant's cousin Ram Chandar, put at ablaze. After seeing this flame, Ram Chandar, his wife Guddi Devi and cousin Suraj rushed on spot, when Shyam with intention to kill, made firearm shot and Bagha @ Ashok, by sword, and rest by lathi-danda, assaulted them. Ram Chandar, his wife Guddi Devi and his cousin Suraj sustained injuries. This occurrence was witnessed by this informant, his nephew Babloo, his neighbourer Chhedi and Santosh along with others, under the light of electricity. Injured were taken at hospital and this report was submitted. After registration of this case crime number, vide G.D. entry Ex. Ka-2, "Chitthi Majroobi" was got prepared for injured Suraj, injured Ram Chandar and injured Smt. Guddi Devi. Their injuries were written in G.D. and they were sent for their medical examination at Government Hospital by Homeguard Vijay Kumar Tripathi. Medical Officer PW-6, Dr. U.P. Dwivedi, who was posted at Emergency Ward of District Hospital, Mirzapur, on 6.11.2006, examined injured Smt.Guddi Devi, aged about 30 years, wife of Ram Chandar, resident of Putlighar near Janhvi Hotel within area of P.S. Kotwali Katra, District Mirzapur, brought by Homeguard 1089 Vijay Kumar Tripathi at 11:06 P.M. on 6.11.2006 and she was having following injuries over her person:-
(i) lacerated wound of 1cm X half cm X mussel deep with blackening and tattooing around it over left scapula, 5cm above from lower ankle, it was kept under observation and X-ray was advised.
(ii) lacerated wound of 1cm X 1cm X mussel deep, 2cm above to injury No. 1, having blackening and tattooing over it.
(iii) lacerated wound of 1cm X 1cm X mussel deep with blackening and tattooing over it.
(iv) lacerated wound of 2cm X 1cm over the
