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2019 Supreme(All) 1795
IN THE HIGH COURT OF ALLAHABAD
NARENDRA KUMAR JOHARI, J.
Hari Shanker and Another - Appellant
Versus
State of U.P. - Respondent
Criminal Appeal No. 1723 of 1996
Decided On : 16-11-2019
Advocate Appeared:
For the Appellant : Arun Kumar Shukla, Ram Chandra Uttam
The main legal point established in the judgment is the reliance on the testimony of injured eye witnesses, the promptness of the FIR, and the medical evidence to establish the guilt of the appellants.
Headnote:
Indian Penal Code - Conviction under Section 148, 323/149 and 307/149 - Summary of Acts and Sections
Fact of the Case:
The prosecution alleged that the appellants, along with others, attacked the family members of the complainant with deadly weapons, resulting in injuries to several individuals. The appellants denied the allegations, claiming that they were defending themselves in exercise of their right to private defence.
Finding of the Court:
The court found the appellants guilty and convicted them under Sections 148, 307/149, and 323/149 of the Indian Penal Code. The court acquitted one of the accused due to benefit of doubt, and the case stood abated against two deceased accused.
Issues: The issues included the credibility of the prosecution witnesses, the recovery of weapons, and the role of the accused in the incident.
Ratio Decidendi: The court relied on the testimony of injured eye witnesses, the promptness of the FIR, and the medical evidence to establish the guilt of the appellants. The court also emphasized that the absence of independent witnesses did not discredit the prosecution's case.
Final Decision: The court dismissed the appeal, upholding the conviction and sentences of the appellants.
JUDGMENT :
1. Present appeal has been filed against the judgment and order dated 30.08.1996 passed by Special/Additional Sessions Judge, Fatehpur convicting the appellants-Hari Shanker and Radhey Shyam under Section 148, 323/149 and 307/149 of Indian Penal Code (hereinafter referred to as “I.P.C.”) and sentencing the appellants to undergo six months’ rigorous imprisonment under Section 148 I.P.C., further six months’ rigorous imprisonment under Section 323/149 I.P.C. and two years’ rigorous imprisonment with a fine of Rs.2000/-each under Section 307/149 I.P.C. in Session Trial No.85 of 1988 (State and others Vs. Hari Shanker and others), Police Station-Jahanabad, District-Fatehpur.
2. The case of the prosecution in brief is that Ram Kishore Uttam has given a Tahrirto S.O., Jahanabad on 29.11.1986 that at about 08:00 a.m. in Village-Lahuri Sarai, in front of northern gate of the factory of complainant; Hari Shanker and Radhey were raising construction of shop. One Pramod Kumar asked and prohibited not to do so. Annoyed of it, Hari Shanker, Radhey, Bhagween Deen, Raj Kumar and Bhikhari Neta, residents of Sarai Dharampur and some other outsiders armed with guns, pistols, lathi and danda attacked the family members of complainant with common intention. As a result of which, Vinod Kumar, Pramod Kumar, Bachchi Lal, Km. Shyam Shree, Km. Shyam Kali and Km. Manju Devi received injuries. On hearing the noise, the residents of the same village Gulab and Ram Kumar reached on spot and saw the incident.
3. On the basis of Tahrir, F.I.R. was lodged on the same date at about 09:30 a.m. under Crime No.254/86, under Sections 147, 148, 149, 307 I.P.C. with entry in G.D.
4. The investigation of occurrence was entrusted to Sub-Inspector-U.B. Singh. Injured persons were sent to primary health centre for medical examination. Investigating Officer prepared the spot map and after investigation he has submitted charge-sheet against Hari Shanker, Radhey Lal, Bhagwandeen, Raj Kumar. Bhikhari Neta was summoned under Section 319 Cr.P.C.
5. As documentary evidence prosecution filed Tahrir (Ex. Ka-1) which has been proved by witness PW-1. Apart from that, following papers have also been filed by prosecution whose genuineness has been admitted by learned counsel for accused persons and endorsed accordingly. Consequently, the papers were exhibited accordingly; Chik F.I.R. (Ex. Ka-2), Corban Copy of G.D. dated 29.11.1986 (Ex. Ka3), Site Plan ( Ex. Ka-4),Injury Report of Km. Shyam Shree (Ex. Ka-5), Injury report of Km. Shyam Kali (Ex. Ka-6),Injury Report of Km. Manju Devi (Ex. Ka-7), Injury Report of Bachchi Lal (Ex. Ka-8), Injury Report of Vinod Kumar (Ex. Ka-9), Injury Report of Pramod Kumar (Ex. Ka-10), Charge-sheet (Ex. Ka-11).
6. As oral evidence for prosecution witnesses Ram Kishor as PW-1, Bachchi Lal as PW-2 and Km. Shyam Shree deposed as PW-3, since learned counsel for the prosecution has admitted the genuineness of prosecution paper as mentioned above, the evidence of relative formal witness as were dispensed with by the court considering the endorsement of Counsel for defence.
7. On the other hand, learned counsel for the accused persons submitted PanchNirnay(Ex. Kha-1), Receipt of postal department dated 06.05.1986 (Ex. Kha-2), Extract of statement of Ram Kishore PW-1 (Ex. Kha-2 & 3), Extract of statement of Bachchi Lal (Ex. Kha-4 to 7)), Extract of statement of Shyam Shree (Ex. Kha-8 to 11). Apart from that with list 11 Kha/1, paper no.11 Kha/3 Certified Copy of F.I.R., Crime No. 254-A 11 Kha/4 under Sections 147, 148, 149, 349, 336 I.P.C. and Certified Copy of Injury Report of Rajeshwati , 11 Kha/5 (Ex. Kha-13), Certified Copy of Injury Report of Akhilesh Kumar, 11 Kha/A (Ex. Kha14), Certified Copy of Injury Report of Hari Shanker 11 Kha/9 (Ex. Kha15), Certified Copy of Injury Report of Shravan Kumar 11 Kha/11 (Ex. Kha-16), Certified Copy of Injury Report of Meera Devi, 11 Kha/13 (Ex. Kha-17), Certified Copy of Injury Report of Satish Kumar 11 Kha/15 (Ex.
