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2019 Supreme(All) 2406
IN THE HIGH COURT OF ALLAHABAD
Sudhir Agarwal, Virendra Kumar Srivastava, JJ.
Kalluwa – Appellant
Versus
State – Respondent
Jail Appeal No. 948 of 2009
Decided On : 16-08-2019
For the Appellant : V.S. Parmar
For Respondents: Ratan Singh, A.G.A.
The prosecution must prove the case beyond reasonable doubt, and inconsistencies in witness testimonies, lack of promptness in lodging the FIR, and doubts regarding identification procedures can lead to acquittal.
Headnote:
FIR - Murder - Code of Criminal Procedure, 1973 - [302 I.P.C] - Summary: The court analyzed the evidence and found that the prosecution failed to prove the case beyond reasonable doubt. The appellant was acquitted and released from jail.
Fact of the Case:
The appellant was convicted for the murder of the deceased based on the testimony of witnesses. The appellant appealed the judgment, claiming innocence and false implication.
Finding of the Court:
The court found that the prosecution failed to establish the offence under section 302 I.P.C against the appellant beyond reasonable doubt.
Issues: The issues revolved around the reliability of witness testimonies, the promptness of the FIR, the presence of light at the place of occurrence, and the identification of the appellant.
Ratio Decidendi: The court found contradictions and inconsistencies in the witness testimonies, lack of promptness in lodging the FIR, absence of proper identification procedures, and doubts regarding the presence of light at the place of occurrence.
Final Decision: The appellant was acquitted, and the judgment and order of the lower court were set aside. The appellant was directed to furnish a personal bond and sureties before the Trial Court.
JUDGMENT :
Virendra Kumar Srivastava, J.
1. This jail appeal under section 383 Code of Criminal Procedure, 1973 (Cr.P.C.) has been preferred by accused-appellant Kalluwa (hereinafter referred as appellant) through Superintendent of Sub-Jail, Mahoba against the judgment and order dated 16.1.2009 passed by Additional Sessions Judge, Court No. 2, Mahoba, in S.T. No. 116 of 2007 (State vs. Kalluwa), whereby appellant has been convicted under section 302 I.P.C and sentenced for imprisonment for life and also with a fine of Rs. 10,000/-.
2. Brief facts, as stated in First Information Report (hereinafter referred to as F.I.R) as well as in material available on record of the prosecution case, are, that on 12.6.2007 at about 3.40 a.m., P.W-1 Annu alias Daya Shanker, resident of Mohalla Jayandra Nagar Charkhari, police station (P.S) Charkhari, District Mahoba, submitted a written report (Ex.ka-1) at P.S. Charkhari, District Maboba alleging therein, that in the intervening night of 12.6.2007 he and his wife Smt. Vimla (P.W-2) were sleeping inside his house and his mother Smt. Brijrani (deceased) was sleeping on the cot, on platform (Chabutara), situated outside his house. At about 3.00 a.m., upon hearing cry of his mother, he and his wife came out from his house and saw that an unknown person was running away, after causing serious injury on the head of his mother by a sharp edged weapon. He and his wife (P.W-2) saw and identified him in the light of tube light and also can identify him. When he came towards his mother, he saw that his mother had died. Her dead body was lying at the place of occurrence.
3. On receipt of F.I.R (Ext.Ka-1), P.W-5 Cons. Jairam Prajapati registered the case and prepared chick report (Ext.ka-3), on 12.6.2007 at 3.40 a.m., as case crime No. 1012 of 2007, under Section 302 I.P.C against unknown person and also made relevant entry of the said information in general diary (Ext.ka-4). Investigation was undertaken by P.W-6, S.I. Gopal Krishna Gupta (I.O), who was posted as officer in-charge P.S. Charkhari, District Mahoba. He immediately rushed to the place of occurrence and recorded statement of P.W-1 Annu alias Dayashankar, inspected the place of occurrence and prepared site plan of the occurrence (Ext.ka-5). He prepared inquest report (Ext.ka-6) and necessary police papers i.e. chalan nash, request letter to C.M.S, letter to R.I, photo nash (Ex.ka-7 to Ext.ka-10) and thereafter sealed the dead body of the deceased, and sent it to the District Hospital, Mahoba for postmortem.
4. P.W-4, Dr. D.K. Sullerey, conducted autopsy on corpus of deceased Brijrani on 12.6.2017 at 4.00 p.m. and found following anti mortem injury.
(1) Incised wound 18 cm x 2 cm cavity deep with cutting of underlying bones (Temporal and parietal left) and laceration on left eye and brain matter coming out at left side of face at base of nose to left ear.
(2) Incised wound 13 cm x 1.5 cm with cutting underlying bone (left maxilla) at the left side of face.
(3) Incised wound 6 cm x 1.5 cm with cutting underlying bone (right side of mandible) Teeth at right side of face just lateral to right angle of mouth.
5. During investigation, I.O. (P.W-6) recorded statements of Rajju (P.W-3) and appellant. He also took the sample of blood stained and plain earth and piece of blood stained bed sheet and prepared its seizure memo (Ext.ka-11 and Ext.ka.12).He arrested appellant, and on his confessional statement and on his pointing out, recovered weapon used in the commission of offence, one spade (Farsha) from the bushes, situated near Pahadee of Khajor and prepared seizure memo of recovery of weapon (Ext-ka-13) and site plan of recovery of weapon (Ext.ka-14). After recording the statement of eye witnesses, witnesses of inquest report, seizure memo and other police officials i.e. Annu alias Daya Shankar (P.W-1) Amar Singh Chauhan, Bhauu alias Bhagwan, Maan Singh and Aswani Kumar, Raj Bahadur, Shankar Singh, Vimla Devi (P.W-2), Rajju (P.W-3), Cons. Moharrir Jairam Praj
