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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Sudhir Agarwal, Om Prakash-VII, JJ.
Virendra Singh alias Vijendra & Another - Appellant
Vs.
State Of U.P. - Respondent
Criminal Appeal No. 1344 of 1983
Decided On : 20-11-2018
FIR - Criminal Appeal - Section 302 IPC - 302/34 IPC - 161 Cr.P.C. - 313 Cr.P.C. - 437-A CrPC
Fact of the Case:
The case involved the murder of the deceased, Dharampal, in the early morning hours. The prosecution's case was based on the written report, witness statements, and medical evidence. The accused appellants denied the prosecution's case and raised issues regarding the timing of the FIR, motive, source of light, and the reliability of witnesses.
Finding of the Court:
The court found that the prosecution's evidence, including the dying declaration made by the deceased, was credible and consistent. The court also addressed the issues raised by the accused appellants and concluded that the involvement of one appellant was proven beyond reasonable doubt, while the involvement of the other was not established.
Issues: The issues included the timing of the FIR, motive, presence of eyewitnesses, medical evidence, source of light, and the admissibility of the dying declaration.
Ratio Decidendi: The court relied on the dying declaration, witness statements, and medical evidence to establish the guilt of one appellant, while acquitting the other due to lack of evidence. The court also addressed the issues raised by the accused appellants and found them to be unsubstantiated.
Final Decision: The court upheld the conviction and sentence of one appellant under Section 302 IPC, while acquitting the other appellant of the charges under section 302/34 IPC. The court also issued directions for surrender, release, and bail bonds for the appellants.
JUDGMENT :
Om Prakash-VII, J.
1. This Criminal Appeal has been preferred by appellants Virendra Singh alias Vijendra and Mahipal alias Mahipala against judgment and order dated 28.05.1983 passed by Ist District and Sessions Judge, Bareilly in Sessions Trial No.484 of 1981 and 607-A of 1982 (State Versus Virendra Singh), (State Versus Mahipal), convicting and sentencing appellant Virendra Singh alias Vijendra for offence under section 302 IPC to undergo imprisonment for life and appellant Mahipal alias Mahipala for offence under section 302/34 IPC to undergo imprisonment for life.
2. Prosecution story, in nutshell, as unfolded in written report (Ex.Ka.-1), are as follows:
On 27.08.1981, informant Satya Pal Singh (P.W.1) son of Nihal Singh moved a written report (Ex.Ka.-1), scribed by Balbir Singh (D.W.1), mentioning therein that in the intervening night of 26/27.08.1981, Informant's brother Dharampal (deceased) was sleeping in the courtyard in front of chaupal. Informant was sleeping in the chaupal. His younger brother Rampal and his father Nihal Singh were sleeping outside in a thatched hut. In early morning, Dharampal (deceased) called Rampal to feed cattle on which Informant also woke up. Then at about 4:00 A.M., a fire was made and informant's brother Dharampal (deceased) cried that ^^gk¸k fofotsnzk ous oekj oMkyk^^ Hearing the sound of fire and cry made by Dharampal (deceased), Informant, his brother Rampal and neighbour Jaimal Singh, who was sleeping on his roof, came there. On seeing them, accused ran away towards eastern side of field. Informant, Rampal and Jaimal all were having torches. A lantern was also emitting near deceased. There was also moonlight in which accused were seen and recognized by witnesses as Vijendra alias Vijendra Singh and Mahipal alias Mahipala. One unknown accused could not be identified by these witnesses, but he could be recognized one to one. Vijendra was armed with country made pistol whereas Mahipala and one unknown accused were armed with lathi. Witnesses could not apprehend accused-persons due to fear of country made pistol. There was old enmity between informant's side and accused. Enmity was also between parties due to purchase of a land and due to that reason, accused Vijendra has shot his brother Dharampal (deceased). Receiving firearm injuries, deceased died on cot itself.
3. On the basis of written report (Ex.Ka.-1), on 27.08.1981 at 6:30 A.M., Chik First Information Report No.97 of 1981 at Crime No.121 of 1981 under Section 302 IPC was registered against accused-persons as Ex.Ka.-3. Entry was also made in G.D. mentioning details as disclosed in written report on same day as Ex.Ka.-4. Carbon copy of G.D. proved by P.W.3 is also on record as Ex.Ka.-5. Information was also given by police concerned to higher Authorities.
4. Investigation commenced and Investigating Officer recorded statement of concerned head moharrir and Informant, Satya Pal Singh (P.W.1), as also of witness Jaimal Singh (P.W.2) under section 161 Cr.P.C. at police station concerned. Thereafter, he proceeded to the place of occurrence through G.D. entry. Investigating Officer inspected dead body of deceased reaching the place of occurrence and appointing panchan, inquest report (Ex.Ka.-5) was prepared on his direction by S.I. Prem Pal Singh. Chalan nash and photo nash prepared in the matter are Ex.Ka.-6 and Ex.Ka.-7. Other documents relating to inquest were also prepared. Dead body was kept in a sealed cover preparing sample seal and was handed over to constable Ramchandra Lal and Prem Kumar to carry the same to mortuary for postmortem.
5. Postmortem of deceased Dharampal was conducted on 28.08.1981 at 1:00 P.M. by Dr. S.K. Jain (P.W.4), Medical Officer at District Hospital, Bareilly. Deceased was aged about 50 years. Probable time since death was 1½ day. Deceased was an average built body. Rigor mortis was absent in both upper and lower extremities. Decomposition was started.
On examination of body of deceased, following ant
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