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2020 Supreme(All) 79
IN THE HIGH COURT OF ALLAHABAD
B. AMIT STHALEKAR, ALI ZAMIN, JJ.
Jagnnath And Others – Appellants
Versus
State of U.P. – Respondent
Criminal Appeal No.442 of 2001
Decided on : 13-02-2020
Advocate Appeared:
For the Appellant : R.K. Tiwari, Anshul Tiwari, Ghan Shyam Das, Sanjeev Kumar Yadav
Point of Law
FIR is not an encyclopaedia, therefore, not mentioning fire shots in the written report will not affect the prosecution case.
Headnote:
Penal Code, 1860 – Section 302 read with Section 34 – Murder – Appeal against conviction – Deceased was a man of criminal antecedent -The incident occurred at another place and they have been falsely implicated in the present case - The accused persons led no evidence in their defence – Held, On a conspectus of the facts and circumstances of the case and close scrutiny of evidences available on record as discussed above we find that prompt FIR naming the appellants has been lodged, informant Jagnnath and Babu Lal are witnesses of the incident and their testimony is trustworthy and reliable – Ocular version is supported by medical evidence. Learned Additional Session Judge has rightly convicted and sentenced the appellants. There is no merit in the appeal – Appeal dismissed. (Paras 50 and 51)
Facts of the Case
Ram Harsh had dismantled the Medh of the informant Jagannath in the evening a day before the incident on 08.10.1990 and his son Santosh Kumar had stayed on the filed to mend the Medh when Ram Harsh his son Jagannath and Nanka @ Ram Swaroop had an altercation with his son. On that day his son came to his house and on 08.10.1990 at 6:00 a.m. in the morning when his son Santosh Kumar had gone towards west side of the village to respond the call of nature, Jagannath having licensee gun of his father, Nanka @ Ram Swaroop and Jagatpal son of Ram Padarath Patel having country-made pistol of 315 bore went to his son and surrounding him, fired shot at him due to the incident of the previous day on account of which he died on the spot.
Finding of the Court
On a conspectus of the facts and circumstances of the case and close scrutiny of evidences available on record as discussed above we find that prompt FIR naming the appellants has been lodged, informant Jagnnath and Babu Lal are witnesses of the incident and their testimony is trustworthy and reliable – Ocular version is supported by medical evidence. Learned Additional Session Judge has rightly convicted and sentenced the appellants. There is no merit in the appeal.
Result: Appeal dismissed.
JUDGMENT :
Ali Zamin, J.
1. Heard Sri Kamal Krishna, learned Senior Counsel assisted by Sri Ghan Shyam Das and Sri Sanjeev Kumar Yadav, learned counsel for the appellants and Sri Ajeet Ray, learned A.G.A. for the State.
2. This appeal has been preferred against the judgment and order dated 31.01.2001 passed in Session Trial No.481/90, arising out of Case Crime No.242 of 1990 by which learned Additional Sessions Judge, IVth (Room No.4), Allahabad, convicting the appellants, under Section 302 I.P.C. read with Section 34 I.P.C. has sentenced them to life imprisonment.
3. According to prosecution version Ram Harsh had dismantled the Medh of the informant Jagannath in the evening a day before the incident on 08.10.1990 and his son Santosh Kumar had stayed on the filed to mend the Medh when Ram Harsh his son Jagannath and Nanka @ Ram Swaroop had an altercation with his son. On that day his son came to his house and on 08.10.1990 at 6:00 a.m. in the morning when his son Santosh Kumar had gone towards west side of the village to respond the call of nature, Jagannath having licensee gun of his father, Nanka @ Ram Swaroop and Jagatpal son of Ram Padarath Patel having country-made pistol of 315 bore went to his son and surrounding him, fired shot at him due to the incident of the previous day on account of which he died on the spot. The incident has been witnessed by Babu Lal son of Ram Bharosh Patel, Ram Jatan son of Ram Garib Patel, Ram Newaj son of Mahajan Patel, resident of Kashimpur Juda @ Moosepur, Police Station Nawabganj, District Allahabad.
4. Informant Jagannath got scribed the report (Ext.Ka-1) of the incident from Durga Prasad and lodged report to the police station Nawabganj. On the basis of written report Ext.Ka-1. Chik F.I.R. Ext.Ka-12 under Section 302 I.P.C. was registered on 08.10.1990 at 7:45 and investigation of the case was entrusted to S.H.O., A.S. Yadav, who reached the spot and prepared inquest memo (Ext.Ka-2) as well as challan lash (Ext.Ka-3), letter to R.I. (Ext.Ka-4), letter to C.M.O. (Ext.Ka-5), specimen seal (Ext.Ka-6), photo lash (Ext.Ka-7) and dispatched the dead body for post-mortem.
5. Dr. N.P. Singh (P.W.4) conducted autopsy on the dead body and prepared report (Ext.Ka-11). According to the post-mortem following injuries were found on the dead body :
1. Fire arm wound of entry middle of the nose 1 x 1 c.m.
2. Fire arm wound of entry left side of neck 1 x 1 c.m., 2 c.m. below the middle of mandible.
3. Fire arm wound of entry 1 x 1 c.m. left side of scapula clavicle.
4. Fire arm wound of entry 1 x 1 c.m. left arm 2 c.m. below the left acromion process size 1 c.m. x 1 c.m.
5. Fire arm wound of entry 1 x 1 c.m. on left side chest wall, 2 c.m. medial to the left nipple blackening present.
6. Fire arm injury 1 x 1 c.m. on the right side chest wall, 5 c.m. below right nipple 1 x 1 c.m.
7. Fire arm wound of exit 2 c.m. x 2 c.m. over left scapular region 1 c.m. medial to the medial both of scapula.
8. Fire arm wound of exit 2 c.m. x 2 c.m. in middle of biter scapular region of the upper part.
Four medium size pellets recovered from thoracic cavity. Cause of death was found shock due to excess bleeding and death occurred 12 hours earlier due to the ante-mortem injuries caused.
6. Investigating Officer also prepared spot map Ext.Ka-9, taking into possession two empty cartridges 12 bore from the spot, plain earth as well as blood stained earth from the field of Pandit Budh Narayan prepared recovery memo Ext.Ka-8. After completing the investigation, he submitted charge sheet (Ext.Ka-10), under Sections 302 I.P.C. against the accused-appellants before the court of C.J.M.
7. Learned C.J.M., Allahabad committed accused to the court of session for trial where Case Crime No.342 of 1990, under Section 302 I.P.C. was registered as Session Trial No.481 of 1990, wherefrom the case was transferred to the court of Second Additional Session Judge, Allahabad, who framed charge under Section 302 I.P.C. read with Section 34 I.P.C. against the ac
