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2018 Supreme(All) 2498
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Pankaj Naqvi, Krishna Pratap Singh, JJ.
Dharam Raj Singh and Others – Appellants
Versus
State – Respondent
Criminal Appeal No. 1353 of 1985
Decided On : 16-11-2018
For the Appellant : G.N. Chandra, Brijesh Sahai, Harish Chandra, Saurabh Singh
For the Respondent: D.G.A., Anjani Kumar, Ashok Kumar Srivastava
The main legal point established in the judgment is the reliance on credible witness testimony, medical evidence, and the burden of proof on the accused to establish private defence and alibi.
Headnote:
Murder - Criminal Appeal - IPC 302, 147, 148, 149, 307 - The court convicted and sentenced the appellants to life imprisonment under Sections 302 read with 149 IPC for the murder of Ram Suresh and Sugwanti. The appellants were further convicted and sentenced to one year's RI under section 147 IPC and seven years' RI under Sections 307/149 IPC. All the sentences were directed to run concurrently.
Fact of the Case:
The appellants were convicted for the murder of Ram Suresh and Sugwanti. The incident occurred when the accused surrounded and assaulted the victims in a field, resulting in their deaths and injuries to others. The prosecution successfully proved the guilt of the accused beyond a reasonable doubt.
Finding of the Court:
The court found the prosecution witnesses to be trustworthy and reliable, and the evidence on record established the guilt of the appellants. The court rejected the plea of private defence and alibi taken by the appellants, and concluded that the prosecution successfully proved its case beyond a reasonable doubt against all the accused-appellants.
Issues: The issues involved the credibility of the prosecution witnesses, the plea of private defence and alibi taken by the appellants, and the presence and participation of the accused at the scene of the crime.
Ratio Decidendi: The court relied on the testimony of the prosecution witnesses, the medical evidence, and the lack of evidence supporting the plea of private defence and alibi. The court concluded that the prosecution successfully proved its case beyond a reasonable doubt against all the accused-appellants.
Final Decision: The criminal appeal was dismissed, and the appellants were directed to surrender before the Trial Court within 45 days for serving out the sentence.
JUDGMENT :
Krishna Pratap Singh, J.
1. This criminal appeal has been filed against judgment of conviction dated 13.5.1985 and order of sentence dated 14.5.1985 passed by the learned Additional Sessions Judge, Mirzapur in Sessions Trial No. 312 of 1984 whereby learned Judge convicted and sentenced the appellants to life imprisonment under Sections 302 read with 149 IPC for the murder of Ram Suresh and Sugwanti. The appellants were further convicted and sentenced to one year's RI under section 147 IPC and seven years' RI under Sections 307/149 IPC. However, all the sentences were directed to run concurrently.
2. As appellants Nos. 6 and 7 namely Lalji Singh and Ram Naresh Singh are dead, the appeal filed on their behalf abated vide order dated 08.7.2016.
3. In short compass, the facts of the case are that an oral information was given by the informant Mahendra Singh at the police station Karma, district Mirzapur to the effect that his sister-in-law Jhunni had gone to fetch water from river, where accused Tej Singh teased her. Jhunni returned home and narrated the incident to her mother-in-law Sugwanti. At about 9.30 AM, Sugwanti and Jhunni came to Ram Suresh, who was working at the fields along with PW1, Jamwant, Nagendra, Manik, Mohan, narrated the incident to him and his sons. At about 10.00 AM accused Lalji, Ram Narain, Ram Naresh, Prakash Murli, Punni Ram, Jokhan, Dharamraj, Tej Singh, Bhushan and Budhiram arrived at the said fields. Lalji, Jokhan and Murli were armed with lathi, whereas other accused had lohbanda(iron ring fitted lathi). All the accused surrounded them, abused and started assaulting Ram Suresh and Sugwanti. Sugwanti took out a spade lying in the field, plied it in self defence, which caused some injuries to Tej Singh. Due to injuries inflicted by accused-appellants, Ram Suresh and Sugwanti succumbed to the injuries and Jamwant seriously injured. However, Nagendra and Manik escaped unhurt and on their alarm, Sadafal, Siddharth, Sunder, Hegchi, Khaderu and others rushed to the spot, witnessed the incident, but due to fear of accused, no one dared to come forward. It was also alleged that father of Tej Pal Singh was murdered 12-13 years ago in which informant's father was named and due to enmity, accused committed the murder of Sugwanti and Ram Suresh.
4. On the basis of aforesaid information given by PW-2, Mahendra Singh, PW-6, Head Constable Shyam Bihari Singh prepared FIR as case crime No. 57 of 1983, under sections 147, 148, 149, 307, 302 at police station Karma, district Mirzapur on 14.8.1983 at 3.30 PM and made necessary entries in the GD.
5. After registration of the case, investigation was entrusted to PW-8, SI Bhola Prasad Yadav, who rushed to the spot at 8.05 PM where Constables Kamla Prasad Yadav and Ram Baraf were guarding the dead bodies of deceased Ram Suresh and Sugwanti. The field where dead body of Sugwanti lay, injured Jamwant also lay there. He recorded the statement of injured Jamwant and sent him for medical examination. Injured had received several injuries and was unable to move. Investigating officer also recorded the statements of first informant Mahendra and witnesses of first information report Sadafal and Nagendra. In the morning of 15.8.1983, he inspected the place of occurrence and on the pointing out of Sadafal prepared site plan (Ext. Ka11). He also conducted inquest of the cadaver of Ram Suresh (Ext. Ka-12) and prepared necessary documents. Thereafter, he conducted inquest of cadaver of Sugwanti (Ext. Ka-16) and also prepared necessary documents relating thereto. The investigating officer collected bloodstained and plain earth from the places where deceased Ram Suresh and Sugwanti lay dead and after keeping in separate containers prepared their memos (Ext. Ka-5 to 8). After recording the statements of witnesses and completing the investigation, investigating officer submitted charge sheet against the accused-appellants under Sections 147, 148, 149, 307, 302 IPC, police station Karma,
