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2020 Supreme(All) 541
IN THE HIGH COURT OF ALLAHABAD
ANIL KUMAR, VIRENDRA KUMAR SRIVASTAVA, JJ.
State of U.P. – Appellant
Versus
Avadh Ram And Others – Respondents
Criminal Appeal No.15 of 1982
Decided on : 19-06-2020
Advocate Appeared:
For the Respondent: Badri Prasad, B.N. Rai, Shiv Pal Singh, Subodh Kumar Shukla
Point of Law:
Identification was made at the T.I. parade about 3 1/2 months after the dacoity and in view of such a long lapse of time it is not possible for any human being to remember, the features of the accused and he is, therefore, very likely to commit mistakes. In these circumstances unless the evidence is absolutely clear, it would be unsafe to convict an accused for such a serious offence on the testimony of a single witness.
Headnote:
Indian Penal Code, 1860 – Section 396 – Offence of Dacoity – Appeal has been filed against the judgment and order, passed by Additional Sessions Judge, in S.T. arising out of Case Crime under Section-396 IPC, Police Station whereby respondents-accused have been acquitted by trial Court from charge for offence under Section 396 IPC – Held, Court is of view that impugned judgment and order passed by trial Court is well reasoned, well discussed and requires no interference – Prosecution has miserably failed to prove its case beyond reasonable doubt and there is no illegality or infirmity in the impugned judgment and order passed by Trial Court in Sessions Trial, whereby the respondents-accused were acquitted – Judgment and order passed by trial Court in Sessions Trial is affirmed – Appeal Dismissed (Paras 41, 42)
Facts of the Case:
Awadh Ram, (Pw1), informant, resident of village Majhawwa Bujurg, P.S.-Sonwa, District Bahraich, lodged first information report (in short FIR) (Ext. Ka-1), on 03.7.1979 at 6.40 A.M., stating therein that in the intervening night of 2/3 July, 1979, he, his father Samaydin, brother Faren and other family members were sleeping outside his house whereas the ladies were sleeping inside the house. A lantern was emitting light on the Darawaja (outer door of Court-yard) of the house.
Finding of the Court:
Court is of view that impugned judgment and order passed by trial Court is well reasoned, well discussed and requires no interference – Prosecution has miserably failed to prove its case beyond reasonable doubt and there is no illegality or infirmity in the impugned judgment and order passed by Trial Court in Sessions Trial, whereby the respondents-accused were acquitted – Judgment and order passed by trial Court in Sessions Trial is affirmed.
Result: Appeal Dismissed
JUDGMENT :
Virendra Kumar Srivastava, J.
The instant appeal has been filed against the judgment and order dated 06.02.1981, passed by the IInd Additional Sessions Judge, Bahraich, in S.T. No. 417 of 1979 (State vs. Awadh Ram and others), arising out of the Case Crime No. 43 of 1979, under Section-396 IPC, Police Station (in short P.S.) Sonwa, District-Bahraich whereby respondents-accused (hereinafter referred to as 'the respondents,) Awadh Ram, Piarey, Chhotey, Gaya Prasad, Jhabbar, Kallan, Azeem Sain, Bharosey and Hari Ram have been acquitted by the trial Court from the charge for offence under Section 396 IPC.
2. The brief facts, arising out of this appeal, are that Awadh Ram, (Pw1), informant, resident of village Majhawwa Bujurg, P.S.-Sonwa, District Bahraich, lodged first information report (in short FIR) (Ext. Ka-1), on 03.7.1979 at 6.40 A.M., stating therein that in the intervening night of 2/3 July, 1979, he, his father Samaydin, brother Faren and other family members were sleeping outside his house whereas the ladies were sleeping inside the house. A lantern was emitting light on the Darawaja (outer door of Court-yard) of the house. At about 00.30 A.M., 18-20 dacoits appeared at his house and as they dashed the door, he and other family members, sleeping outside the house, got-up. It is further stated that when the informant (Pw-1) and his other family members asked about the identity of the dacoits , they started to beat them by Lathi-Danda and by removing the Tatia (temporary partition made by gross and wood), they, armed with Lathi, Danda, Pistol, Gun, Ballam and Torches, entered into his house. Informant (Pw-1) and his family members raised alarm whereupon Faquirey (Pw-5), Munna (not examined), Pahalwan (not examined), Ashok Kumar (not examined), Ram Adhar (not examined) Daya Ram (not examined), deceased Ram Sumiran , Autar (not examined) and other co-villagers came with Torches, Lathi, Danda and Beroo. Ashok Kumar put fire on Jhakhar (heap of Chara) which emitted sufficient light to identify the dacoits. It is further stated in FIR that dacoits started fire with gun and country made pistol which caused injury to Samaydin, Smt. Dulara (wife of informant), and Ram Sumiran and they died on the spot. Since the dacoits were bent upon to kill so many people of the village, the villagers challenged the dacoits and attacked upon them with Lathi, Danda, Beroo, brick and stones; one dacoit was caught and died on the spot, due to injuries caused by the villagers, crying Sardar-Sardar and some dacoits had also got serious injuries in counter attack. It is further stated that dacoits remained at the place of occurrence about half-an-hour and looted the house of Chhotey Lal (not examined), Ram Autar (not examined) and Maya Ram (not examined), besides the house of informant and thereafter they escaped from the place of occurrence towards western side of the village after looting the jewellery and cash. It is further stated in FIR that Faquirey (Pw-5), Munna Lal(not examined) and Sarojini (not examined) also got serious injuries, caused by dacoits and they had been sent to Sadar Hospital, Bahraich for treatment. It is further stated that dacoits had been identified in the light of torches, lantern and light emitted from burning of Jhakhar.
3. On the basis of the said information, the Chik report (Ext.-Ka 4) was prepared, a case was registered on report No.9 at 06.40 A.M. on 03.07.2019 (Ext. Ka-5) and investigation of the case was entrusted to Sub Inspector (In short S.I). Sukh Sagar Singh (Pw-7) who rushed to the place of occurrence, inspected the dead body of Samaydin, Smt. Dulara Devi, Ram Sumiran and unknown dacoits, prepared inquest memo of the dead bodies and other relevant papers (Ext. Ka-6 to Ext. Ka-17), required for post-mortem examination, sent the dead bodies to District Hospital Baharich for post-mortem examination, recorded the statement of Awadh Ram (Pw-1), Budh Sagar (Pw-2), Tula Ram (Pw-3), Devesh Kumar (Pw4), Faquire
