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2019 Supreme(All) 1671
IN THE HIGH COURT OF ALLAHABAD
SUDHIR AGARWAL, RAJENDRA KUMAR, JJ.
Lal Mohar - Appellant
Versus
State of U.P. - Respondent
Jail Appeal No. 1144 of 2017
Decided on : 05-09-2019
Advocate Appeared:
Jay Ram Pandey, Adv., Rajesh Kumar, Adv., Rishi Chadha, Adv.
The main legal point established in the judgment is that consistent and credible witness testimony, even from relatives of the victims, can be relied upon to establish guilt. Additionally, the delay in lodging the FIR does not automatically discredit the prosecution's case if it is explained.
Headnote:
IPC - Conviction under Section 304 IPC - [304 IPC] - The court confirmed the appellant's conviction under Section 304 IPC and modified the sentence to undergo rigorous imprisonment for 14 years and a fine of Rs. 25,000, with a default sentence of one year imprisonment. The court also allowed the appellant to set off under Section 428 Cr.P.C.
Fact of the Case:
The appellant was convicted under Section 304 IPC for causing the death of Vimla Devi and her daughter Gudia by setting them on fire with petrol. The prosecution's case was supported by the testimony of witnesses, including relatives of the victims, who provided consistent and credible evidence of the incident. The court found the appellant guilty based on the evidence presented.
Finding of the Court:
The court found the appellant guilty of causing the death of Vimla Devi and Gudia by setting them on fire, as established by the prosecution's evidence. The court also noted that the delay in lodging the FIR was explained by the informant and did not discredit the prosecution's case.
Issues: The main issue before the court was whether the appellant had caused the death of Vimla Devi and Gudia by setting them on fire, as alleged by the prosecution. The court also considered the delay in lodging the FIR as raised by the appellant's counsel.
Ratio Decidendi: The court relied on the consistent and credible testimony of the witnesses, including relatives of the victims, to establish the appellant's guilt. The court also emphasized that the delay in lodging the FIR did not automatically discredit the prosecution's case, especially when the delay was explained.
Final Decision: The court confirmed the appellant's conviction under Section 304 IPC and modified the sentence to undergo rigorous imprisonment for 14 years and a fine of Rs. 25,000, with a default sentence of one year imprisonment. The appellant was also allowed to set off under Section 428 Cr.P.C.
Key Points: - The court considered whether the appellant caused the death of Vimla Devi and Gudia by setting them on fire, as per the prosecution's allegations. (!) (!) - The court found the appellant guilty based on the consistent and credible testimony of witnesses, including relatives of the victims. (!) (!) (!) - The court held that the delay in lodging the FIR does not automatically discredit the prosecution's case if it is explained. (!) - The court confirmed the appellant's conviction under Section 304 IPC and modified the sentence to 14 years rigorous imprisonment and a fine of Rs. 25,000, with a default sentence of one year. (!) - The appellant was allowed to set off the period of imprisonment already undergone under Section 428 Cr.P.C. (!)
How to determine whether consistent and credible witness testimony, even from relatives, can be relied upon to establish guilt?
What is the effect of delay in lodging an FIR on the prosecution's case?
JUDGMENT :
RAJENDRA KUMAR, J.
1. Against judgment and order dated 04.02.2017 passed by Additional Sessions Judge, F.T.C.-2, Ballia in Sessions Trial No.242 of 2013, Crime No.125 of 2003, under Sections 326 and 304 IPC, Police Station Garwar, District Ballia, accused-appellant has preferred present jail appeal under Section 383 Cr.P.C. from Jail through Superintendent District Jail, Ballia. By impugned judgment, appellant has been convicted under Section 304 I.P.C. and sentenced to undergo imprisonment for life with fine of Rs. 10,000/- and in default of payment of fine, three months imprisonment but acquitted under Section 326 I.P.C.
2. Factual matrix of case as emerging from First Information Report (hereinafter referred to as "FIR") as well as material placed on record is as follows.
3. P.W.-1 Sri Ram submitted a written report Ex.Ka-1 in Police Station Garwar, District Ballia stating that on 10.8.2003 at about 8:30 PM, his daughter-in-law Smt. Vimla Devi with her daughter Gudia aged about one and half year was returning home from his Dera (a structure being built in the agricultural field to stay for short duration). As usual when she reached the place between Dera and home, accused Lal Mohar came with petrol and sprinkled petrol on both of them and set them on fire. Due to burn, his daughter-in-law started crying, then to rescue them, he (PW-1) and many persons of the village rushed there and took them to District Hospital, Ballia for medical treatment. Gudia succumbed to injuries whose post mortem was conducted on 11.8.2003 in Ballia. Later on Vimla Devi succumbed to death due to burn injuries.
4. On the basis of written report Ex.Ka-1, Chick F.I.R. Ex.Ka-3 was registered by PW-4, Satya Narain Mandal, as Case Crime No.125 of 2003 against accused-appellant under Section 304, 326 I.P.C. An entry of case was made in General Diary (herein after referred to as 'GD') on the same day, copy whereof is Ex.Ka-6.
5. Km. Gudia and Smt. Vimla Devi were medically examined by Dr. Jitendra Kumar Singh on 10.8.2003 in District Hospital, Ballia.
6. Immediately, after registration of case, investigation was undertaken by S.I. Jagdish Yadav. He proceeded to spot and held inquest over the dead body of Vimla Devi and sent it for post mortem, visited spot, prepared site plan Ex. Ka-7.
7. Pw-8, Dr. P.K. Rai, conducted autopsy over the dead body of Km. Priya (Gudiya) aged about one and half year and found ante-mortem superficial to deep burn injuries. In the opinion of doctor, death might have been caused at about 7:10 AM on 11.8.2003 and death was possible due to shock on account of ante-mortem burn injuries.
8. Pw-6 Dr. R.N. Upadhyay, conducted autopsy over the dead body of deceased Vimla Devi and found ante-mortem burn injuries over the dead body except upper portion of abdomen, right shoulder, head and upper portion of thigh. Doctor opined that death would have been caused due to infection and ante-mortem burn injuries.
9. Pw-7 S.I. Atma Ram, after completing investigation submitted charge sheet Ex.Ka-13 against the appellant under Section 304 and 326 I.P.C.
10. Case, being triable by Court of Sessions, was committed by Chief Judicial Magistrate to Court of Sessions for trial after compliance of Section 207 Cr.P.C.
11. Trial Court framed charges against accused-appellant on 16.9.2013 under Sections 326 and 304 IPC. Charges read as under:
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