Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(All) 140

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
MANOJ MISRA, SAMEER JAIN, JJ.
Satya Prakash - Appellant
versus
State of U.P. - Respondent
Criminal Appeal No. 6969 of 2008
Decided on : 02-02-2022

Advocates:
Advocate Appeared
For the Appellant : Ashok Kumar Singh, Chandra Narayan Mishra, Imran Mabood Khan, J.S.Sengar, Prashant Kumar Srivastava

Point of Law : The appellant shall be released from jail forthwith, unless wanted in any other case, subject to compliance of the provisions of Section 437A Cr.P.C. to the satisfaction of the trial court.

Headnote:
Criminal Procedural Code, 1973 – Section 313, 161 - Indian Penal Code, 1860 - Section 34, 302, 307, 504, 506 – Offence of Murder – Attempt to Murder - Criminal Intimidation - Whether it is wholly reliable and trustworthy, more so, because he is the sole eye witness - Whether incident was a hit and run kind of an incident or it occurred in manner alleged - Whether FIR and prosecution story is contrived, based on guesswork, Or suspicion, or ill motive - Whether the testimony of solitary eyewitness (PW1) Is confidence inspiring - Whether it could form basis of conviction - Whether presence of the witness from where he witnessed incident at the spot is natural or is duly proved.
Findings of the Court: Court is of considered view that prosecution has failed to prove its case beyond pale of doubt and, appellant is entitled to benefit of doubt. Consequently, appeal is allowed - Judgment and order of conviction and sentence recorded by court is set aside. The appellant is acquitted of charge for which he has been tried and convicted appellant shall be released from jail forthwith, unless wanted in any other case, subject to compliance of provisions of Section 437A Cr.P.C. to satisfaction of trial court.
Result: Appeal allowed.

JUDGMENT :

MANOJ MISRA, J.

1. This appeal is against the judgment and order dated 18.09.2008 passed by the First Additional Sessions Judge, Kannauj in S.T. No.57 of 1998 convicting the appellant (Satya Prakash) under Section 302 IPC and sentencing him to imprisonment for life with fine of Rs.5,000/and a default sentence of additional one month.

Introductory Facts

2. In a nutshell, the prosecution story as narrated in the first information report (FIR) is that, on 28.06.1998, at about 9 pm, the informant Harish Chandra (PW1) and his brother Phool Chandra (the deceased) were sitting at the door of their house when Satya Prakash (the appellant), Kanhaiya (who died during trial), both sons of Shiv Balak Tripathi, Bahadur son of Jaijram Yadav and Ramu Tripathi son of Kailash Nath Tripathi came armed with country made pistols and, on exhortation of Kanhaiya, the appellant (Satya Prakash) fired from his country made pistol at the deceased, with a view to take his life, which hit the deceased. On raising alarm, Mool Chand Raidas (PW2), Ram Kumar Tripathi (not examined), and Shiv Sharan Tripathi (not examined) and various other persons came and witnessed the incident. The accused ran away by extending threats. The written report (Ex. Ka1) of the incident, alleging as above, was submitted by PW1 by adding that the brother of the informant, namely, Phool Chandra (the deceased), has been taken to the hospital and after getting him admitted in the hospital, the informant has come to lodge the FIR. This written report was registered as Case Crime No.410 of 1998 at P.S. Kannauj, District Kannauj, vide G.D. Entry No.30 (Ex. Ka5), dated 28.06.1998, at 23.10 hrs, of which the Chik FIR (Ex. Ka4) was prepared and both were proved by PW6 (retired Head Constable Chhedi Lal Gupta). Initially, the case was registered under Section 307, 504, 506 IPC but, later, vide report No.3, dated 29.06.1998, at 2.15 am, the case was converted to one punishable under Section 302, 504, 506 IPC. The carbon copy of the G.D. Entry No.3 in respect of alteration of the charging section was proved by PW6 and exhibited as Ex. Ka6. In the meantime, a seizure memo (Ex. Ka2), dated 28.06.1998, signed by Mool Chand Tripathi (PW3) and Atul Kumar Tripathi (PW4), in respect of lifting blood stained earth and plain earth as well as one empty 12 bore cartridge from the spot, was prepared which was proved by PW3, PW4 and the first investigating officer (I.O.) (PW8). On 28.06.1998 itself, site plan (Ex. Ka8) was also prepared by PW8 and, on 29.06.1998, at about 11 am, inquest was completed at Dixit Hospital, Kannauj of which inquest report (Ex. Ka9), witnessed by PW1, amongst others, was prepared. Thereafter, at about 6.20 pm, on 29.06.1998, autopsy on the body of the deceased was carried out at District Hospital, Fatehgarh of which, post-mortem report (Ex. Ka3) was prepared and proved by Dr. S.K. Saxena (PW5).

3. The post-mortem report (Ex. Ka3) reveals: (i) that Rigor Mortis had passed away on upper extremities though present in lower extremities; (ii) that there was a multiple pellets entry wound on front of the head, forehead and face including both eyes and upper part neck with margins inverted lacerated and ecchymosed; and (iii) that internal examination disclosed presence of 150 gm of pasty matter in the stomach; trachea and larynx lacerated; frontal bone of the skull (occipital region) and nose fractured. The estimated time of death was half a day before.

4. After completing the investigation, the second investigating officer Om Prakash Sharma (PW7) submitted charge sheet (Ex. Ka7). On which, cognizance was taken and the case was committed to the court of session. All the accused were charged under section 302 read with section 34 IPC and section 506 IPC. The accused pleaded not guilty and claimed for trial.

5. In the trial, the prosecution examined: Harish Chand Tripathi (PW1the informant the brother of the deceased) as an eye witness; Mool Chand Raidas (PW2), as an eye witness bu