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2019 Supreme(All) 1553
IN THE HIGH COURT OF ALLAHABAD
RAJ BEER SINGH, PRITINKER DIWAKER, JJ.
Dinesh - Appellant
Versus
State of Uttar Pradesh - Respondent
Criminal Appeal No. 4080, 4677 of 2008
Decided On : 02-04-2019
Advocate Appeared:
For the Appellant :Shri Sanjeev Kumar Pandey, Advocate.
For the Respondent: Shri Amit Sinha, A.G.A.
The main legal point established in the judgment is the reliance on circumstantial evidence, the scrutiny of interested witnesses, and the identification of accused in dark conditions to establish guilt.
Headnote:
Circumstantial Evidence - Murder - IPC 302/34, IPC 201 - [The judgment discusses the application of IPC 302/34 and IPC 201] - The court analyzed the circumstantial evidence, witness testimonies, and legal principles related to circumstantial evidence. The court found the accused guilty based on the chain of evidence and the consistency of the circumstances pointing towards their guilt. The court also discussed the principles related to interested witnesses and the identification of accused in dark conditions. The appeals were dismissed, and the conviction of the accused under IPC 302/34 and IPC 201 was upheld.
Fact of the Case:
The deceased was murdered by the accused persons who also caused injuries to the wife of one of the accused. The deceased's dead body was found in a field, and witnesses saw the accused throwing the dead body. The prosecution presented circumstantial evidence to establish the guilt of the accused.
Finding of the Court:
The court found the accused guilty based on the circumstantial evidence, witness testimonies, and the consistency of the circumstances pointing towards their guilt. The court also discussed the principles related to interested witnesses and the identification of accused in dark conditions.
Issues: The main issue was the conviction of the accused based on circumstantial evidence and witness testimonies. The court also addressed the arguments related to the delay in lodging the FIR, the conduct of the informant, and the absence of certain reports.
Ratio Decidendi: The court relied on the principles related to circumstantial evidence, interested witnesses, and identification in dark conditions to establish the guilt of the accused. The court emphasized the need for a complete chain of evidence and the exclusion of every possible hypothesis except the guilt of the accused.
Final Decision: The appeals were dismissed, and the conviction of the accused under IPC 302/34 and IPC 201 was upheld.
JUDGMENT :
PRITINKER DIWAKER, J.
1. As these two appeals arise out of a common judgment and order dated 03.06.2008 passed by Additional Sessions Judge, Court No. 2, Kannauj in Sessions Trial No. 302 of 2006 arising out of crime no. 377 of 2006, convicting the accused persons, namely, Bachchu Lal, Phool Chandra and Dinesh under Sections 302/34 and 201 of IPC and sentencing them to undergo life imprisonment and a fine of Rs. 2,000/-each and two years rigorous imprisonment and a fine of Rs. 500/-each, respectively and in default of payment of fines, they shall further undergo to six months additional imprisonment with a direction that all the sentences shall run concurrently, they are being disposed of by this common judgment.
2. As per prosecution case, on 20.04.2006, deceased Shrawan Kumar alias Bhura son of Rajendra Singh (PW-1) had left his house in the company of his cousin, namely, Ravi (PW-9) to visit the village fair (Mela). When they reached near a tubewell of accused Bachchu Lal, deceased was called inside the pump house by accused Phool Chandra, Dinesh, Bachchu Lal and Umesh (Juvenile). Ravi was asked to wait outside and thereafter, he was further asked to go away from the said place and to visit village fair. When the deceased did not return to his house, he was searched by his father Rajendra Singh (PW-1) on 20.04.2006, 21.04.2006 and later, on 22.04.2006, his dead body was found in the field of Jagdish. Further, case of the prosecution is that on 20.04.2006 itself, Shakuntala wife of Phool Chandra was also beaten in the same pump house by the accused persons, she was taken to hospital and it was disclosed before the doctor that she had suffered injuries while working in thresher. After getting the dead body of the deceased, on 24.04.2006 at 11:05 PM, FIR Ex. Ka-17, was lodged by PW-1, Rajendra Singh against the present three appellants and the juvenile accused Umesh under Section 302/201 of IPC.
3. Inquest on the dead body of the deceased was conducted on 23.04.2006, vide Ex.Ka. 4 and dead body was sent for postmortem, which was done on the same day, vide Ex.Ka.3 by PW-4, Dr Narendra Babu.
4. As per Autopsy Surgeon, following three injuries were found on the body of the deceased:
1. Incised wound 12 cm x 4 cm x abdominal cavity deep over lt. Side of abdomen involving lower chest region 4 cm away from midline and 12 cm above umbilicus. Stomach coming out o/d middle to be of liver and stomach are cut.
2. Incised wound 7 cm x 3 cm abdominal cavity deep over lt. Side of abdomen 6 cm below injury no. 1 intestine is coming out and cut.
3. Stab wound 3 cm x 1.5 cm x abdominal cavity deep 10 cm above umbilicus at 10 o'clock position o/d intestine and liver cut. Abdomen cavity is full of blood mixed with food and faecal matter wound directions are longitudional.”
5. The cause of death of deceased was due to shock and haemorrhage as a result of ante-mortem injuries.
6. On 23.04.2006 itself, injured Shakuntala was medically examined by PW-6, Nanhumal and as many as 11 injuries have been found on her body which are as under:
1. Stitched wound 7 x 0.2 cm scabbed (brown) 1.5 cm above right eyebrow. Margins most probably clean cut.
2. Stitched wound 1x 0.2. cm scabbed on outer angle of right eye.
3. Stitched wound 3 x0.2 cm with scabbed (brown) on posterior aspect of left kose just below elbow.
4. Incised wound 4 cm x 0.3 cm x muscle deep with scabbed (brown) posterior aspect of left arm 12 cm above elbow.
5. Incised wound 5 x 0.1 cm x muscle deep with scabbed (brown) on lateral aspect of left kose arm 1 cm below elbow.
6. Multiple stitched wound in an area of 11 x 7 cm with scabbed (brown) palmer aspect of left hand.
7. Incised wound 1 x 0.1. cm x muscle deep with scabbed (brown) on left side of back of chest 1.0 cm below inferior angle of scapula.
8. Incised wound 2 cm x 0.2. cm into muscle deep with scabbed 5 cm below injury no. 7.
9. Multiple stitched wound in an area of 18 cm x 10 cm on the left gluteal region and all are scabbed (brown).
10. T
