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IN THE HIGH COURT OF ALLAHABAD
Ram Surat Ram (Maurya), Anil Kumar-IX, JJ.
State of U.P. - Appellant
Versus
Gopal and Ors. - Respondents
Government Appeal No. 448 of 2004
Decided On : 08-03-2019
Indian Penal Code - Acquittal - Sections 147, 148, 149, 323, 307, 302, 504, 506 - Arms Act, 1959 - Section 3/25 - [Summary of Acts and Sections]
Fact of the Case:
The State of U.P. appealed against the acquittal of the respondents in a case involving multiple charges under the Indian Penal Code and the Arms Act, 1959. The incident involved a dispute leading to assault and murder, resulting in the death of Vivek Kumar Pandey and injuries to others. The trial court acquitted the respondents due to lack of proof of motive, doubtful presence of witnesses, and inconsistencies in the evidence.
Finding of the Court:
The court found that the motive of the incident was not proved, the presence of witnesses was doubtful, and the oral testimonies were not corroborated with medical evidence. The court also noted discrepancies in the statements of the witnesses and lack of convincing evidence as to motive. However, the court held that the participation of some accused in causing injuries to the victims was proved.
Issues: The issues revolved around the lack of proof of motive, doubtful presence of witnesses, inconsistencies in the evidence, and discrepancies in the statements of the witnesses.
Ratio Decidendi: The court emphasized the importance of proving motive and scrutinizing evidence cautiously in the absence of motive. It also highlighted the need for careful scrutiny of evidence and the duty of the court to separate the truth from falsehood. The court applied the principles of appellate review in an appeal against acquittal.
Final Decision: The court set aside the acquittal of two respondents and convicted them under Section 302, 324 read with Section 34 IPC, sentencing them to life imprisonment and three years imprisonment. The acquittal of other respondents was upheld.
ORDER :
Ram Surat Ram (Maurya), J.
1. Heard Sri Anil Kumar Kushwaha, A.G.A., for State of U.P. and Sri Anand Swaroop Gautam, for the respondents.
2. State of U.P. has filed this appeal from the judgment of Additional Session's Judge, Court No. 3, Gorakhpur, dated 19.08.2003, passed in S.T. No. 571 of 1998, State vs. Gopal and others, [arising out of Case Crime No. 160 of 1998, under Section 147, 148, 149, 323, 307, 302, 504, 506 Indian Penal Code, 1860 (hereinafter referred to as the IPC)] and S.T. No. 143 of 1999 State vs. Bhola and another (arising out of Case Crime Nos. 162 and 163 of 1998 under Section 3/25 of Arms Act, 1959), P.S. Shahpur, district Gorakhpur, acquitting the respondents, from all the charges.
3. On the complaint (Ex-Ka-1) of Shalendra Kumar Tripathi (PW-1), FIR (Ex-Ka-15) of Case Crime No. 160 of 1998 was registered under Section 147, 148, 149, 307, 302 IPC at P.S. Shahpur, district Gorakhpur, on 23.03.1998 at 21:30 hours, by Head Moharrir Tulsi Ram (PW-8), against Uma, Bhola, Santosh, Gopal, Shalesh and some unknown accused. It has been stated in the FIR that today on 23.03.1998, the informant along with his brother-in-law Sri Vivek Kumar Pandey was returning towards his quarter, from Dharamshala, after purchasing vegetables. As soon as they reached at Bauliya colony, Durga Temple, they heard loud noise and it appeared that the quarrel was going on. At that time, Asgar came and informed them that Uma, Bhola, Santosh, Gopal, Shalesh, along with his other friends were abusing and assaulting the ladies and children of his family. He asked them to go and pacify them. In the meantime Ramesh Yadav, Ramesh Tiwari, Chunna Pal also came there from northern side, on scooter and motorcycle. They all proceeded towards the quarter of Asgar along with him at about 8:30 PM. In the meantime, Uma (Magahia dom), Bhola (dom), Santosh son of Bhola, Shalesh son of Gopal armed with gupti and pistol, Gopal and his other friends armed with hockey and danda, challenged them hurling abuses and exhorted to assault them and none of them would be escaped as they were helpers of Asgar. The accused chased them and opened fire upon his brother-in-law, Ramesh Yadav and Asgar. After receiving firearm injury, his brother-in-law tried to hide in a quarter in western side, where aforesaid persons reached and committed his murder, causing gunshot injury. Ramesh Yadav also received gunshot injury. Asgar also received injury. Hearing hue and cries, various persons came on spot and intervened in the matter, as a result of which, they could save their life. On the spot, dead body and motorcycle TVS Suzuki UP 51-1603 of his brother-in-law, scooter and Bullet motorcycle were lying. After lodging the report legal action be taken.
4. After registration of FIR, SHO Kapil Muni Singh (PW-7) started investigation. He copied the check FIR and G.D. entry in case diary. He recorded statement of Shalendra Kumar Tripathi the informant. He made spot inspection and prepared site-plan (Ex-Ka-10), on pointing out of informant. He received blood stained and plane floor from the place where dead body of Vivek Kumar Pandey was lying and prepared its recovery memo (Ex-Ka-11). He took into possession the motorcycles TVS Suzuki UP 51-1603, Bullet URX 7247 and scooter UMH 2242 and prepared its recovery memo. He recorded statements of the witnesses of recovery memos and Ramesh Tiwari. He visited Emergency Ward of District Hospital, Gorakhpur and tried to record statements of injured Asgar and Ramesh Yadav but they were not in position to give statement. On the basis of statements of the witnesses, he added Section 452, 504, 506 IPC in the case. On 24.03.1998, he recorded statement of Santosh Upadhyay and the injured Asgar and Ramesh Yadav. On 25.03.1998, he arrested Uma, Bhola and Ravi Shankar and recorded their statements. They confessed their guilt and became ready for recovery of the weapons used in commission of crime. On the pointing out of Uma Shankar, one pistol of 12
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