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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Sudhir Agarwal, Om Prakash-VII, JJ.
Raj Nath and others – Appellants
Versus
State of U.P. – Respondent
Criminal Appeal No. 69 of 1984
Decided On : 01-11-2018
Criminal Appeal - Conviction under Section 302 IPC - [F.I.R., Motive, Presence of Witnesses, Medical Evidence, Role of Accused, Sentence] - [Summary of the Acts and Sections Referenced: Section 302 IPC, Section 34 IPC] - The court analyzed the evidence and found that the prosecution had established the guilt of accused appellant no. 1 Raj Nath under Section 302 IPC, but failed to prove the guilt of accused appellants Basgit and Buddhan under Section 302/34 IPC beyond reasonable doubt. The court acquitted Basgit and Buddhan and upheld the conviction and sentence of Raj Nath under Section 302 IPC.
Fact of the Case:
The deceased had a dispute with accused Raj Nath over the purchase of agricultural land, leading to a confrontation. In the night, Raj Nath, along with others, opened fire on the deceased, resulting in his death. The prosecution presented evidence of the motive, presence of witnesses, and medical evidence to establish the guilt of the accused.
Finding of the Court:
The court found that the prosecution had proved the guilt of accused appellant no. 1 Raj Nath under Section 302 IPC, but failed to establish the guilt of accused appellants Basgit and Buddhan under Section 302/34 IPC beyond reasonable doubt. The court acquitted Basgit and Buddhan and upheld the conviction and sentence of Raj Nath under Section 302 IPC.
Issues: The issues revolved around the motive, presence of witnesses, medical evidence, and the role of the accused in the commission of the offense.
Ratio Decidendi: The court applied the principle that minor discrepancies in witness statements and omissions or contradictions that do not go to the heart of the matter should not prompt the rejection of evidence in its entirety. It also considered the nature of the offense and the manner in which it was committed in determining the appropriate sentence.
Final Decision: The court acquitted accused appellants Basgit and Buddhan and upheld the conviction and sentence of accused appellant no. 1 Raj Nath under Section 302 IPC.
JUDGMENT :
Om Prakash-VII, J.
1. This criminal appeal has been preferred by accused appellants against judgment and order dated 20/21.12.1983 passed by District & Sessions Judge, Ballia in Session Trial No. 196 of 1982 (State vs. Raj Nath and others) convicting and sentencing appellant Raj Nath for the offence punishable under Section 302 IPC (simpliciter) to undergo imprisonment for life and accused appellants Basgit and Buddhan for the offence under Sections 302 IPC read with Section 34 IPC to undergo imprisonment for life.
2. Facts of case, in nutshell, as unfolded by informant Smt. Rama Devi wife of Shyam Lal in the First Information Report (in short 'F.I.R.'), are that informant's husband were seven brothers. Younger brother Mahngu had a business of milk in Asam and another brother was having hotel business. Four years ago Raj Nath had taken Rs. 3600/-from informant's husband to purchase agricultural land but Raj Nath purchased agricultural land in the name of his son only. When this fact came into knowledge to deceased, an altercation took place between deceased and accused Raj Nath. Panchayat was convened and it was decided that out of Rs. 3600/-, Rs. 1700/- will be returned by Raj Nath but he did not do so, rather threatened to kill the informant's husband. In the night between 19/20.04.1982 at about 12:30 A.M. informant's husband was sleeping on a Chauki in varandah, adjacent to him her son Ashok on the same chauki and informant along with children on her cot were sleeping and a lantern was burning. On hearing sound of some foot steps, informant woke up and saw that accused-appellant Raj Nath accompanying Shiv Bachan, Basgit and Budhan, who were brother-in-law of Raj Nath, came there. Raj Nath opened fire with country made pistol upon her husband and other accused surrounding him were exhorting with the words “kill him so that money may be adjusted”. After hearing noise, informant's 'devar' Paspat and other villagers reached there and then accused ran away. Informant's husband received injuries in his thigh, which was caused by Raj Nath with country made pistol.
3. On the basis of written report (Ext. ka-1) scribed by one Ramesh, chik First Information Report (Ext. Ka-25) was registered at Police Station concerned on 20.08.1982 at 02:15 A.M. mentioning all details as had been disclosed in Ext. Ka-1. G.D. entry Ext. Ka-26 was also made at the same time.
4. Investigation of the matter was taken into hand by Sri Surya Bali Singh, who was posted as Station Officer of police station concerned. He recorded statement of Smt. Rama (informant) at police station concerned. Since Shyam Lal was unable to speak, his statement could not be recorded and he was sent to S.A.D., Hospital, Rasara for treatment. Dr. K.N. Pandey examined him at 02:30 A.M. on 20.04.1982 and found following injuries on his person in Ext. Ka-2 :
(ii) Three lacerated wounds 0.5 c.m. X 0.5 c.m., 0.5 c.m. X 0.5 c.m., 0.5 c.m. X 0.5 c.m. over root of right thigh upper part 1 c.m. below middle of right inguinal ligament. All were closed with each other (depth of wound not taken due to bleeding). Margin of wound lacerated and inverted. There was one bit swelling in an area of 6 c.m. X 5 c.m. around the wound. Free bleeding present. Advised X-ray (wound of exit).
Patient condition was poor. Temperature subnormal. B.P. not recordable. Patient was conscious and responds to question some times. Injuries were kept under observation. Advised X-ray right thigh and abdomen caused by gun shot. Duration fresh.”
5. Doctor had prepared injury report as Ext. Ka-2. Shyam Lal died at 03:40 A.M. in the S.A.D. Hospital, Rasara. Information about
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