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2019 Supreme(All) 1709
IN THE HIGH COURT OF ALLAHABAD
Sudhir Agarwal, Rajendra Kumar, JJ.
Jang Bahadur - Appellant
Vs.
State Of U.P. - Respondent
Jail Appeal No. 4733 of 2012
Decided On : 24-09-2019
Ashok Kumar Yadav, Adv., Ratan Singh, Adv.
The presence of injured witnesses at the scene of the crime lends credibility to their testimony, and minor contradictions and variations in their statements do not undermine the prosecution's case.
Headnote:
Jail Appeal - Conviction under Section 302/34 and 394/34 IPC - [302, 394/34 IPC] - The court found the accused guilty of murdering the victim and snatching money and liquor. The court relied on the testimony of the injured witnesses, stating that their presence at the scene of the crime made their testimony reliable. The court also emphasized that minor contradictions and variations in their statements did not undermine the prosecution's case. The court dismissed the appeal and confirmed the conviction and sentence of the accused.
Fact of the Case:
The accused was convicted under Section 302/34 and 394/34 IPC for murdering the victim and snatching money and liquor. The prosecution's case was based on the testimony of injured witnesses, who were present at the scene of the crime. The accused denied the prosecution's story and chose not to lead evidence in defense.
Finding of the Court:
The court found the accused guilty based on the reliable testimony of the injured witnesses and dismissed the appeal, confirming the conviction and sentence.
Issues: The issues revolved around the reliability of the injured witnesses' testimony, the presence of minor contradictions and variations in their statements, and the motive for the accused to commit the crime.
Ratio Decidendi: The court emphasized the reliability of the injured witnesses' testimony, stating that their presence at the scene of the crime made their testimony credible. The court also highlighted that minor contradictions and variations in their statements did not undermine the prosecution's case.
Final Decision: The court dismissed the appeal, confirming the conviction and sentence of the accused.
JUDGMENT :
Rajendra Kumar, J.
Present jail appeal has been directed by accused-appellant Jang Bahadur against the judgement and order dated 08.10.2012 passed by Additional Sessions Judge, Court No.1, Gorakhpur in Session Trial No.420 of 2003 (State Vs. Jang Bahadur) under Section 302, 394 IPC, P.S. Cant, District Gorakhpur whereby Trial Court has convicted accused Jang Bahadur under Section 302/34 and 394/34 I.P.C. and sentenced him to rigorous imprisonment for life with a fine of Rs.30,000/- under Section 302/34 IPC; and rigorous imprisonment for ten years with fine of Rs. 10,000/- under Section 394/34 I.P.C.
2. Factual matrix of the case as emerging from First Information Report (hereinafter referred to as "FIR") as well as material placed on record is as follows.
3. PW-1 Harikesh Yadav submitted a written Tehrir Ex.Ka-1 in Police Station Cant, District Gorakhpur on 06.06.2003 stating that he and victim Om Prakash Tiwari were working as a clerk and Koel used to sell snacks in Sharab Bhatti situated in village Daudpur. Accused Jang Bahadur used to visit daily, Bhatti to drink. At about 11:00 PM, in the intervening night of 05/06.06.2003, accused-appellant Jang Bahadur came to Bhatti and asked for vial of liquor borrowed from Om Prakash Tiwari victim who shooed him away, then accused-appellant Jang Bahadur threatened him that this escape would cause him darely and he went. At about 1:30 AM, again accused-appellant along with three companions came to Bhatti, who were identified well by witnesses in the light of Torch, when PW-1, PW-2 Koel and victim were sitting out on the board due to summer. Accused Jang Bahadur with his three companions abused them in filthy language and demanded liquor extending threat to kill. On being refused, they started abusing and beating them due to which they sustained injuries. Accused-appellant Jang Bahadur prompted his other companions saying that victim Om Prakash Tiwari refused to provide liquor, he must be killed. All the three persons caught victim Om Prakash Tiwari and accused-appellant Jang Bahadur started stabbing him with knife due to which victim sustained serious injuries. All accused-appellant threatened that if raised alarm, they would have also face dire consequences. Thereafter, accused and his other companions took money, kept in the bag and vial of liquor kept in shop. Om Prakash Tiwari was taken to hospital with the help of police where he succumbed to injuries.
4. On the basis of written Tehrir Ex.Ka-1, PW-5 Constable Rampati Prasad registered a Chick F.I.R. Ex.Ka-13 as Case Crime no. 1071 of 2003, under Section 302 and 379/34 I.P.C. against accused-appellant and three other unknown persons. Entry of case was made by PW-6 S.I. Keshari Nandan Sahi in General Diary on the same day in G.D. No. 5, copy whereof is Ex.Ka-14.
5. PW-3 Inspector Bharat Yadav, undertook investigation, held inquest over dead body of Om Prakash Tiwari, sealed dead body and sent for post mortem, prepared inquest report Ex.Ka-2 and other papers relating thereto, recorded statement of Informant, proceeded to spot with PW-1, visited spot, prepared site plan Ex.Ka-8, collected blood stained and simple earth from spot and prepared Fard Ex.Ka-9.
6. PW-4 Dr. R.N. Rai conducted autopsy over dead body of Om Prakash Tiwari son of Chandra Dev, aged about 45 years and prepared post mortem report Ex.Ka-12, expressing his opinion that death of victim would have been occurred due to coma and haemorrhage on account of ante-mortem injuries. Doctor found following ante-mortem injuries on the persons of deceased as under :-
(i) Incised wound 3.0 cm x 0.5 cm x bone deep on right side head. Margins clean cut, oblique underlying skull one cut.
(ii) Incised wound 2 cm x 0.5 cm x mussel deep, 0.5 cm below the injury no. 1 on right side head.
(iii) Incised wound 2.5 cm x 0.5 cm x scalp deep on right side head 0.5 cm below the injury no. 2.
(iv) Abrasion 2.0 cm x 0.5 cm on right side face just below right eye.
(v) Incised wound 1.0 cm x 0.5 cm
