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IN THE HIGH COURT OF ALLAHABAD
MANJU RANI CHAUHAN, J.
Shiv Bahadur Ram - Appellant
Versus
State of U.P. - Respondent
Criminal Appeal No. 2093 of 2009
Decided On : 12-07-2019
MURDER - CRIMINAL LAW - IPC 304 (II) - The judgment discusses the conviction of the appellant under section 304 (II) IPC for causing the death of the deceased. The court analyzed the evidence, including witness testimonies, medical reports, and the motive of the appellant. The court upheld the conviction and the sentence of seven years rigorous imprisonment and a fine of Rs. 10000/-, finding it appropriate given the severity of the crime and the lack of mitigating circumstances.
Fact of the Case:
The appellant was convicted under section 304 (II) IPC for causing the death of the deceased Mewa Ram. The prosecution's case was based on witness testimonies, medical evidence, and the motive of the appellant, who was involved in a matrimonial dispute with the first informant. The witnesses, who were close relatives of the accused and the deceased, testified to witnessing the assault by the appellant on the deceased. The medical evidence corroborated the witness accounts, showing injuries consistent with the assault. The appellant denied the charges, claiming false implication due to enmity.
Finding of the Court:
The court found the witness testimonies to be natural and reliable, with minor discrepancies not affecting the prosecution's case. The court also considered the motive established by the prosecution and the lack of defense evidence to mitigate the severity of the crime. The court upheld the conviction and the sentence of seven years rigorous imprisonment and a fine of Rs. 10000/-, finding it appropriate given the severity of the crime and the lack of mitigating circumstances.
Issues: The issues revolved around the reliability of witness testimonies, the motive of the appellant, and the severity of the crime. The court analyzed the witness testimonies, medical evidence, and the motive of the appellant to determine the extent of criminal liability and the appropriate punishment.
Ratio Decidendi: The court's decision was influenced by the natural and reliable witness testimonies, the motive established by the prosecution, and the severity of the injuries inflicted by the appellant. The court upheld the conviction and the sentence of seven years rigorous imprisonment and a fine of Rs. 10000/-, finding it appropriate given the severity of the crime and the lack of mitigating circumstances.
Final Decision: The court dismissed the appeal, upholding the conviction and the sentence of seven years rigorous imprisonment and a fine of Rs. 10000/-. The appellant was required to surrender forthwith to serve out the remaining part of the sentence.
JUDGMENT :
MANJU RANI CHAUHAN, J.
1. The appellant-Shiv Bahadur Ram has preferred this criminal appeal against the judgment and order dated 28.03.2009 passed by Additional District & Sessions Judge, Fast Track Court No. 1, Ghazipur in Sessions Trial No. 401/2006 (State vs. Shiv Bahadur Ram) arising out of case crime no. 494/2006 U/s 304 (II) IPC, Police Station Jamania, District Ghazipur, whereby the appellant has been convicted under section 304 (II) IPC and has been sentenced for seven (7) years rigorous imprisonment and a fine of Rs. 10000/- and in default of payment of fine, one year additional rigorous imprisonment.
2. The prosecution case in brief, as reveals from record, is that the first information report was lodged by P.W.-1 Muninder Kumar S/o Late Jamuna Ram, resident of Mohalla Rajpur, town and police station Jamania, District Ghazipur on 26.08.2006 at about 06:00 A.M. alleging therein that Mewa Ram, uncle of first informant, was going towards his Dera for milking buffalo. Suddenly accused appellant Shiv Bahadur Ram came out from his hut and started beating Mewa Ram with Lathi. The incident was witnessed by first informant Muninder Kumar, Virendra Kumar and Surendra. After committing the offence, accused appellant Shiv Bahadur ran away from the spot. The first informant and other persons arranged a rickshaw trolley and took Mewa Ram to Primary Health Centre, Jamania but the doctor of Primary Health Centre, Jamania, declared him dead.
3. The F.I.R. was lodged on the same day at about 07:10 A.M. giving rise to Case Crime No.494/2006 U/s 304 IPC, police station Jamania. After registration of the case, the investigation was conducted by Station House Officer, Sri R.B. Yadav, during which he recorded statement of first informant, inspected the spot and prepared site plan etc. The accused was arrested and on his pointing out, a lathi, the weapon used in commission of offence was recovered from his hut. Meanwhile the inquest of the deceased was conducted at about 09.45 A.M. and thereafter the dead body was sent to postmortem, which was conducted on the same day at about 04:00 P.M. It appears that thereafter the Investigating Officer was transferred and the remaining investigation was conducted by Sri Prem Shankar Singh, In-Charge, police outpost, Mohammadabad, District Ghazipur and after completion of the investigation, charge sheet u/s 304 IPC was submitted against the accused appellant Sri Shiv Bahadur Ram. The Chief Judicial Magistrate, Ghazipur, took cognizance of the offence on the charge sheet and committed the case to the Court of Sessions for trial vide order dated 24.10.2006.
4. The Trial Court vide order dated 17.02.2007 framed the charge for the offence U/s 304 IPC against the accused Shiv Bahadur Ram, which was denied by the accused appellant and trial commenced.
5. During trial, prosecution produced documentary evidence with regard to the investigation etc. vide exhibit Ka-1 to exhibit Ka-12 and also examined the prosecution witnesses to prove its case. The prosecution examined three witnesses of facts namely P.W.-1 Muninder Kumar, the first informant, P.W.-2 Surendra Prasad, P.W.-3 Virendra with regard to the assault made by accused appellant on deceased. P.W.-4 Mehboob Alam was examined as witnesses of inquest and recovery of lathi at the pointing out of accused from his hut. P.W.-5 Ram Awadh Ram was also a witness of recovery of lathi at the pointing out of accused but was declared hostile on account of his denial about preparation of recovery memo in his presence. Dr. Vinay Kumar Srivastava being P.W.-6 had conducted the post-mortem of the deceased and had proved the same. P.W.-7 Constable Rajesh Kumar Singh was produced as link evidence of taking the dead body for post mortem. P.W.-8 Sub Inspector Rameshwar Prasad Tripathi was the first Investigating Officer and P.W.-9 Sub-Inspector Brijesh Dubey was the then Head Moharir of police station Jamania, who registered the FIR and had proved the same. P.W.-10 Prem S
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