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Charan Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Manoj Misra, J.
1. This appeal is against the judgment and order of conviction and sentence dated 12.01.2006 passed by the Additional Sessions Judge (Fast Track Court), Court No. 1, Pilibhit in Sessions Trial No. 695 of 2004 whereby, the appellant has been convicted under section 302 I.P.C. and sentenced to imprisonment for life with fine of Rs.5,000/- and on default of payment of fine, additional six months imprisonment.
INTRODUCTORY FACTS
2. On a written report (Exb. Ka-1), lodged by Surendra Singh (PW-1), the brother of the deceased, on 28.06.2004, at 17:35 hours, a Chik FIR (Ex. Ka-4) was prepared by PW-5, giving rise to Case Crime No. 54 of 2004, under Section 302 I.P.C., at P.S. Hazara, District Pilibhit. The prosecution case, in brief, is that informant's elder sister Banso Bai (the deceased) was married to the appellant (Charan Singh) twelve years ago; she had five daughters and a son; the appellant used to suspect and taunt the deceased of being unchaste and treated her with cruelty; in the evening of 27.06.2004, the deceased and the accused had a fight; in the
Point of law: There is no bar to proceed against a deaf and dumb accused on a charge of a criminal offence.
The prosecution failed to prove its case beyond reasonable doubt, leading to the acquittal of the appellant in a rape case involving a mentally weak victim.
Evidence by a deaf-mute witness requires stringent safeguards to ensure admissibility and credibility, failing which the conviction cannot stand.
Conviction cannot be recorded on the basis of shaky evidence.
Eyewitness testimony must be consistent and corroborated; convictions cannot rely solely on the testimony of closely related witnesses without independent verification.
Murder – Non-examination of Doctor who conducted autopsy on dead body of deceased and who prepared post-mortem report is not fatal to case of prosecution.
The mandatory provision of Section 313 CrPC aims to afford the accused an opportunity to explain each and every circumstance and incriminating evidence against them, and failure to comply with this p....
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