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2020 Supreme(All) 1313
IN THE HIGH COURT OF ALLAHABAD
GOVIND MATHUR, CJ., VIVEK VARMA, J.
Chunnu and Ors. - Appellants
Versus
State of U.P. - Respondents
Criminal Appeal No. 3017 and 3018 of 1983
Decided On : 28-04-2020
Advocate Appeared:
For the Appellant : A. Rathore, Jitendra Prasad Mishra, Raghuraj Kishore, Samit Gopal and Raj Laxmi Sinha
For the Respondents: A.G.A. and V.C. Tiwary
Point of law : Evidence adduced by the eye witnesses does not inspire requisite confidence. The prosecution story suffers from a reasonable doubt about the definite involvement of the accused appellants
Headnote:
.Indian Penal Code,1860 - Section 302/ 34/ 307/34 - Rigorous imprisonment - Offence of murder - Injury - Upon registration of the case, investigation was undertaken by the Station Officer S.C. Vidhyarthi (PW-8). He reached the house of informant (P.W.-1) at 12.30 p.m. and found the body of deceased lying on a cot in the verandah. During the course of investigation, an inquest was prepared, and the corpus of the deceased was subjected to an autopsy. The blood stained Kurta and Tahmat of the deceased were taken into possession through memo (Ext. Ka-16). The watch of deceased was given to Basudev Prasad (PW-1). The investigating officer, then also made a spot inspection. The site plan (Ext. Ka-17) was prepared. He took in his possession blood-stained and plain earth through memo (Ext. Ka-18). He also recovered eight ticklies and one bullet –
Fining of the court:
According to the prosecution appellant Badri instigated the appellants Shyam, Ramraj and Chunnu to murder Ram Kripal as he held him responsible for the murder of Gorey Lal. However, we find from the cross examination of P.W. -1 that Ram Kripal was not named in the murder of Gorey Lal. He had deposed that he was not aware that it was case of murder or dacoity accompanied with murder and that no person was apprehended in the said incident nor any person was named therein. Further, Appellant Badri had not given any application against Ram kripal with regard to the murder of Gorey Lal and that the police had not arrested Ram Kripal in the said case. This being the position, the motive as set out for the crime in question is also not borne out from the evidence on record. On the other hand there was strong motive for the P.W. -1 to implicate the appellants as the evidence shows that he lost the litigations in the consolidation courts. Criminal cases were instituted between the parties and there was enmity existing between them. It was for this reason that the defense has given a suggestion at the trial that the Ram Kripal was murdered during the night and Badri and other accused had been implicated due to enmity –
Result : Appeal allowed
ORDER :
Vivek Varma, J.
1. These appeals are preferred to question correctness of judgment and order dated 08.12.1983 passed by Sessions Judge, Banda in Sessions Trial No. 28 of 1983. The trial court has convicted the accused appellants Chunnu, Shyam and Ramraj under Section 302 IPC and; accused Badri under Section 302 read with Section 34 IPC. All accused have been sentenced to undergo life imprisonment. By the same judgment and order, the accused appellant Shyam has been convicted under Section 307 IPC and accused appellant Chunnu, Ramraj and Badri convicted under Section 307/34 IPC and sentenced to undergo five years rigorous imprisonment. Accused Shyam is also convicted under Section 429 IPC and sentenced to undergo two years rigorous imprisonment and accused appellant Badri further convicted under Section 404 IPC and sentenced to undergo two years rigorous imprisonment. All the sentences have been directed to run concurrently.
2. Briefly, the prosecution case, as set out in the first information report is that, Basudeo Prasad (P.W.-1) submitted a written report (Ext Ka-1) at Kotwali Banda on 01.06.1982 at 11.30 A.M. disclosing, he returned to his native village Chahatarain from Banda, that morning. At that time he had been carrying his licenced rifle and certain household items. His brother Ram Kripal (since deceased) and Satya Narain (P.W.-6) son of Churaman of his village, met him at the cattle-shed (maveshi khana). They relieved him. While Ram Kripal carried the rifle and cartridges bag, Satya Narain carried the bag containing household items. They then headed to the informant's home. At about 09.30 AM, just as they reached the front of the house of one Ranjeet, the accused Shyam and Ramraj armed with rifles and Chunnu armed with a country made gun, came out along with Badri from Bhagirath's house. At the exhortation of Badri, Shyam and Ramraj fired at Ram Kripal who fell down. He (informant) and Satya Narain ran towards their houses. Shyam and Chunnu both fired at them. Those shots missed them (informant and Satya Narain). However, one shot hit a bull tied at the door of Sipahi Lal. The bull died. He further asserted that his brother Ram Kripal succumbed to his injuries on the spot. Upon raising of alarm, Rudra Pratap (PW-2) and Babu Lal (PW-3) and other people from neighbourhood came and witnessed the incident. On being challenged, accused persons ran away with the informant's rifle and bag containing cartridges, that was being carried by Ram Kripal. The dead body of Ram Kripal was then carried to and kept at the informant's house.
3. The first information report was lodged at police station Kotwali, Banda on 01.06.1982 at 11.30 AM registered as case crime no. 382 of 1982 under Sections 302, 307, 404, 429 IPC.
4. Upon registration of the case, investigation was undertaken by the Station Officer S.C. Vidhyarthi (PW-8). He reached the house of informant (P.W.-1) at 12.30 p.m. and found the body of deceased lying on a cot in the verandah. During the course of investigation, an inquest was prepared, and the corpus of the deceased was subjected to an autopsy. The blood stained Kurta and Tahmat of the deceased were taken into possession through memo (Ext. Ka-16). The watch of deceased was given to Basudev Prasad (PW-1). The investigating officer, then also made a spot inspection. The site plan (Ext. Ka-17) was prepared. He took in his possession blood-stained and plain earth through memo (Ext. Ka-18). He also recovered eight ticklies and one bullet (Ext. Ka-19).
5. The statement of relevant witnesses were recorded as per provisions of section 161 Code of Criminal procedure Code and other relevant papers were prepared. After completion of investigation the charge-sheet was submitted. The Sessions Judge, Banda, after hearing the accused-appellants, framed charges on 16.05.1983 relating to commission of offence under sections 302, 307, 404, 429 IPC against appellant Shyam and under sections 302, 307, 404, 429 IPC against the appell
