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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
NARENDRA KUMAR JOHARI, OM PRAKASH-VII, JJ.
State of U.P. – Appellant
Versus
Ishwar Chandra and Others – Respondents
Government Appeal No. 1234 of 2004
Decided On : 19-07-2022
Indian Penal Code, 1860 - Sections 307, 302, 323, 324, 450, 504, 506 – Criminal Procedure Code, 1973 - Section 313 and 161 - Murder Offence - Order of Acquittal - This Government Appeal has been preferred by State-appellant against judgment and order of acquittal passed by Additional Sessions Judge/Fast Track Court No. 2, in Sessions Trial, State vs. Ishwar Chandra and Others, relating to Police Station, by which learned trial court has acquitted all respondents for offences – Held, Merely, on basis of statement of witnesses examined in matter, whereas prosecution case is not supported with medical evidence, manner and style of incident stated by prosecution witnesses is also not believable, then Court is of view that trial court has passed impugned judgment and order after proper appreciation of evidence and it is well reasoned order - Findings recorded by lower appellate court in impugned judgment and order acquitting accused-respondents from charges levelled against them cannot be termed to be illegal, improper or illogical - Lower appellate court has rightly held that prosecution has not succeeded to prove guilt of accused-respondents beyond reasonable doubt - Accused-respondents are not found guilty for offence punishable under Sections 307/34, 302/34, 323/34, 504, 506 IPC - As such, impugned judgment and order passed by lower appellate court is liable to be upheld and government appeal, having no force, is liable to be dismissed – Appeal dismissed.
JUDGMENT :
OM PRAKASH-VII, J.
1. This Government Appeal has been preferred by the State-appellant against the judgment and order of acquittal dated 31.10.2003 passed by Additional Sessions Judge/Fast Track Court No. 2, Bijnor in Sessions Trial No. 456 of 1998, State vs. Ishwar Chandra and Others, relating to Police Station Seohara, District Bijnor by which the learned trial court has acquitted all the respondents namely, Ishwar Chandra, Ram Phal Singh, Krishan Bahadur and Hari Om for the offences under sections 307/34, 302/34, 323/34, 504, 506 I.P.C.
2. At the very outset, we would like to point out that leave to appeal was granted and appeal was admitted on 31.7.2008. Pending final outcome, one of the accused-respondents namely, Ram Phal Singh expired and appeal in his respect stands abated vide order dated 16.12.2021. We therefore have to adjudicate this appeal only against surviving accused-respondent no. 1, 3 and 4 namely, Ishwar Chandra, Krishan Bahadur and Hari Om.
3. Briefly narrated, prosecution allegations against respondents-accused, as mentioned in the written report (Ex.Ka.1) given by the informant-Hemraj Singh, are that on 26.5.1998 at about 6:00 in the morning, the brother of the informant namely, Bhopal Singh son of Babu Singh had gone towards the southern direction from the village to attend the nature call. On the way, accused Ishwar Chandra son of Ram Phal Singh, Ram Phal Singh son of Moti Singh, Krishan Bahadur son of Moti Singh and Hari Om son of Krishan Bahadur, who belong to same village and were armed with lathi and tabal, surrounded the brother of the informant and with intention to kill, they started beating him. Due to this assault, brother of the informant became seriously injured. He received multiple injuries on his body. On hearing the noise, when the informant reached there to save/rescue his brother, all the four accused-persons assaulted the informant with lathi and danda, hurled abuses and threatened him with dire consequences. This incident was witnessed by the villager Brijpal Singh son of Umed Singh and Anand Kumar son of Chhotey who also tried to save the informant and his brother. There was old enmity going on between the parties. Request was made to register the case and take legal action.
4. Thereafter, a written report of the incident Ex.Ka.1 was given at the police station concerned by the informant Hemraj Singh (PW-1). On the basis of written report, head constable Raj Nath Singh (PW-8) prepared chik report (Ex.Ka.6) and registered the case as crime no. 181 of 1998 under sections 307, 324, 323, 450 IPC in the G.D. (Ex.Ka.7) at serial no. 22 on 26.5.1998 at 8:45 A.M.
5. After registration of the case, “chitthi majroobi” (letter for medical examination of injured) was got prepared for injured Hemraj Singh and Bhopal Singh and they were sent for medical examination at Primary Health Centre, Seohara.
6. Dr. Ashok Rana (PW-3), who was posted at P.H.C. Seohara, examined the injuries of Hemraj Singh (PW-1) on the same day i.e. 26.5.1998 at 9:00 A.M. and found following injuries on his person:
(ii) Contusion 4 cm. x 1 cm. on outer aspect of right thigh 10 cm. above from right knee joint, deep red in colour.
(iii) Abrasion 1 cm. x 0.5 cm. on outer aspect of right thigh 7 cm. above from left knee joint oozing from wound.
(iv) Contusion 11 cm. x 2 cm. on left side lumbar region 20 cm. below from scapula, deep red in colour.
(v) Contusion in area 11 cm. x 5 cm. on upper right buttock, deep red in colour.
(vi) Contusion 4 cm. x 2 cm. on outer aspect of right thigh 8 cm. away from injury no. (v), deep red in colour.
(vii) Lacerated wound 5 cm. x 1.5 cm. x muscle deep on right side scalp 11 cm. above from right ear margin irregular, fresh blood clot present.
(viii) Incised wound 3 cm. x 0.5 cm. x 0.25 cm. on right side scalp 1.5 cm. above from injury no. (vii). Margin sharp clean cut everted.
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