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2018 Supreme(All) 2356
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ARVIND KUMAR MISHRA-I, J.
Sheo Lochan & Others - Appellant
Versus
State - Respondent
Criminal Appeal No. 1561 of 1991
Decided On : 07-09-2018
For the Appellant : Prem Prakash
The court emphasized the importance of eyewitness testimonies and medical evidence in establishing the occurrence of the offense and the motive behind it.
Headnote:
Conviction - Validity and Sustainability - Sections 304 read with Section 34 I.P.C. - [304, 34]
Fact of the Case:
The appeal challenged the judgment and order of conviction passed by the trial court under Sections 304 read with Section 34 I.P.C. The prosecution alleged that the accused assaulted the victim, leading to his death. The defense raised issues regarding the consistency of witness testimonies, the place of occurrence, and the motive behind the incident.
Finding of the Court:
The court analyzed the testimonies of eyewitnesses and the medical reports. It found that the prosecution witnesses provided specific details of the incident, and the motive for the assault was established. The court dismissed the defense's contentions and affirmed the conviction and sentence imposed by the trial court.
Issues: Consistency of witness testimonies, place of occurrence, motive behind the incident
Ratio Decidendi: The court relied on the eyewitness testimonies and medical evidence to establish the occurrence of the assault and the motive behind it. It found the prosecution's case to be proved beyond reasonable doubt.
Final Decision: The appeal lacked merit and was dismissed. The judgment and order of conviction were affirmed, and the appellants were ordered to be taken into custody to serve the sentence.
JUDGMENT :
ARVIND KUMAR MISHRA-I, J.
1. By way of instant appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 05.08.1991 passed by the V-Additional Sessions Judge, Azamgarh, in Session Trial No.63 of 1988 State Vs. Sheo Lochan and others, arising out of Case Crime No.34 of 1987 under Sections 304 read with Section 34 I.P.C., Police Station-Kopaganj, District-Azamgarh, whereby the accused appellants have been sentenced to undergo ten years rigorous imprisonment coupled with fine Rs.500/each, in default of payment of fine, they will have to undergo additional two months imprisonment.
2. Heard Sri Sanjay Kumar Singh, learned amicus curiae for the appellants, Sri Om Narain Tripathi assisted by Sri Subhash Chandra Dubey, learned A.G.As. for the State and perused the record.
3. The prosecution story as unfolded from the record appears to be that the informant PW1 Ram Briksha Rajbhar lodged the oral report at Police Station Kopaganj, District Azamgarh on 15.03.1987 at 9:20 p.m. with the averments that the accused appellants came to the door of Tufani, uncle of the informant around 7 p.m. on 15.03.1987 and started abusing Tufani due to which objection was raised whereupon the accused-appellants started assaulting Tufani with Lathi and Danda and after hearing noise, Sati Ram and Raghunath arrived on the spot and intervened but the accused-appellants kept on beating Tufani till he fell down on the ground in unconscious state. Upon arrival of a number of villagers and the informant, the accused-appellants made their escape good.
4. The first information report was lodged at 9:20 p.m. on the day of the occurrence i.e. 15.03.1987. This case was noted in the Check FIR at Case Crime No.34 of 1987 under Section 308 IPC, Police Station Kopaganj, District Azamgarh and relevant entries were made in the concerned general diary whereby the case was also registered against the accused-appellants under aforesaid section of IPC at aforesaid case crime number at aforesaid police station.
5. However, the record reflects that during course of the night subsequent to the lodging of the first information report, the injured was taken to the Primary Heath Centre, Kopaganj, the very same day where he was examined by Dr. C. Rai PW6 at 10:00 p.m. wherein the following injuries were noted on the person of Tufani:
1. Lacerated wound 4 cm x 1.5 cm x bone deep on the back of right side scalp, 7 cm back of right ear, clotted blood present.
2. Lacerated wound 4 cm x 1 cm x bone deep on the mid of scalp, 10 cm above right ear, clotted blood present.
3. Lacerated wound on the base of right ear 1 cm x 1/3 cm x 1/4 cm deep, clotted blood present.
4. Upper left incisor tooth broken out from socket. Bleeding present.
5. Contusion on right upper arms 6 cm x 3 cm, 11 cm above elbow joint.
6. The state of the injured Tufani was unconscious and was not responding to any stimuli. All injuries were kept under observation and the injured was referred to the district hospital, Azamgarh.
7. It is further gathered that during course of the treatment of the injured Tufani and the investigation, the injured Tufani succumbed to his injuries around 1:00 a.m. on 16.03.1987. Therefore, the case was altered from Section 308 I.P.C. to Section 304 I.P.C. and the Investigating Officer along with police personnel conducted inquest of the deceased Tifani on 16.03.1987 at P.H.C. Kopaganj. Inquest report is Ext. Ka4.
8. In the opinion of the prosecution witnesses and the Investigating Officer, it was thought proper to send the body for post mortem examination in order to ascertain cause of death of the deceased Tufani. Thereafter, relevant papers were prepared and the body of the deceased was sent to mortuary Azamgarh for conduction of post mortem examination. Post mortem examination was conducted by Dr. Abdul Haleem PW5 on 17.03.1987 at 3.00 p.m. wherein the following ante mortem injuries were noted by the doctor:
1. One stitched lacerated wound 3
