2022 Supreme(All) 781

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
OM PRAKASH-VII, NARENDRA KUMAR JOHARI, JJ.
State – Appellant
Versus
Braj Rai Singh – Respondent
GOVERNMENT APPEAL No. - 1880 of 1984
Decided on : 20-05-2022

THE EVIDENCE OF CLOSE RELATIONS WHO TESTIFIED FACTS RELATING TO OCCURRENCE BE NOT REJECTED MERELY ON GROUND THAT THEY HAPPENED TO BE RELATIVES. EVIDENCE OF SUCH WITNESSES BE SCRUTINIZED VERY CAREFULLY.

Headnote:

CRIMINAL APPEAL - [SECTION 147/ 148/ 149/ 302/ 307 IPC] - [BRAJ RAJ SINGH AND OTHERS] - [S.T. NO. 67 OF 1993, CASE CRIME NO. 114 OF 1982] - [STATE OF U.P. VS. BRAJ RAJ SINGH AND OTHERS] - THE INSTANT GOVERNMENT APPEAL HAS BEEN FILED AGAINST THE JUDGMENT AND ORDER DATED 09.03.1984 PASSED BY THE ADDITIONAL SESSIONS JUDGE, BAREILLY IN S.T. NO. 67 OF 1993, CASE CRIME NO. 114 OF 1982, STATE OF U.P. VS. BRAJ RAJ SINGH AND OTHERS, UNDER SECTIONS 147/ 148/ 149/ 302/ 307 IPC WHEREBY THE LEARNED TRIAL COURT ACQUITTED THE ACCUSED PERSONS FROM THE CHARGES OF OFFENCE DEFINED UNDER SECTIONS 302/149, 148, 307/149 IPC.

Fact of the Case:

THE INFORMANT PHULAN SINGH S/O MALKHAN SINGH LODGED THE FIR UNDER SECTION 147, 148, 149, 307 AND 302 IPC AGAINST THE ACCUSED PERSONS BRAJ RAJ SINGH, KANDHARI SINGH, OMKAR SINGH, RAM CHANDRA SINGH AND MASTER SINGH WITH THE CONTENTION THAT ACCUSED BRAJ RAJ SINGH HAD TAKEN SOME LOAN FROM THE LALA RAM AWTAR, WHICH COULD NOT BE REPAID, CONSEQUENTLY THE LAND OF BRAJ RAJ SINGH GOT AUCTIONED IN LIEU OF LOAN AMOUNT. THE BROTHER OF INFORMANT BUDDHA SINGH TOOK PART IN AUCTION PROCEEDINGS AND WAS SUCCESSFUL BIDDER. HE PAID RS. 8,000/-AS AUCTIONED MONEY BUT DUE TO SUBSEQUENT LITIGATION BUDDHA SINGH COULD NOT GET POSSESSION OVER THE PROPERTY AUCTIONED. SINCE BUDDHA SINGH HAD PURCHASED THE AFORESAID LAND OF BRAJ RAJ SINGH IN AUCTION, THEREFORE, BRAJ RAJ SINGH AND HIS FAMILY MEMBERS WERE FEELING ENMITY WITH BUDDHA SINGH. ON 29.10.1982 AT ABOUT 3.00 P.M. THE INFORMANT ALONGWITH HIS BROTHER BUDDHA SINGH WAS GOING WITH HIS ANIMALS TOWARDS POND FOR PROVIDING THEM BATH, AS THEY REACHED NEAR THE HUT (MANDVI/CHAPPAR) OF ACCUSED MASTER SINGH, THE ACCUSED PERSONS WHO WERE CARRYING THE GUNS IN THEIR HAND CAME OUT FROM INSIDE THE HUT OF MASTER SINGH. ACCUSED BRAJ RAJ SINGH EXHORTED THEM TO KILL. AS THE INFORMANT AND BUDDHA SINGH SAW AND FELT INTENTION OF THE ARMED ACCUSED PERSONS AND HEARD THE VOICE OF EXHORTATION THEY RAN TOWARDS NORTH EAST BY RAISING ALARM TO SAVE THEIR LIFE. AFTER RUNNING SOME DISTANCE INFORMANT AND BUDDHA SINGH FOR TAKING SHELTER, ENTERED INTO THE HOUSE OF PHULAN SINGH S/O LAKHAN SINGH AND TRIED TO CLOSE THE DOOR. AT SAME TIME ALL THE ACCUSED PERSONS, WHO WERE CHASING THEM REACHED THERE AND OPENED FIRE ON INFORMANT AND BUDDHA SINGH WITH INTENTION TO KILL. THE BROTHER OF THE INFORMANT FELL DOWN BY RECEIVING THE FIRE ARM INJURIES, INFORMANT ALSO RECEIVED THE PELLET INJURIES ON HIS BODY. AT THAT TIME WITNESSES PHULAN SINGH S/O LAKHAN SINGH, BHEEKAM SINGH, BALBIR SINGH, HARDWARI SINGH, INDAR PAL SINGH AND BADRI SINGH AND OTHER VILLAGERS REACHED ON THE SPOT. HAVING SEEN THEM, THE ACCUSED PERSONS FLED AWAY TOWARDS NORTH. WHILE CAUSING THE ATTACK, ACCUSED PERSONS KANDHARI SINGH AND RAM CHANDRA SINGH WERE CARRYING THEIR LICENSEE GUNS AND BRAJ RAJ SINGH, OMKAR SINGH AND MASTER SINGH WERE CARRYING SINGLE BARREL GUNS IN THEIR HANDS. BUDDHA SINGH HAD DIED ON THE SPOT. ACCORDINGLY, THE FIR OF THE OCCURRENCE WAS LODGED UNDER CRIME NO. 114 OF 1982 AGAINST AFORESAID ACCUSED PERSONS AT POLICE STATION BHUTA.

Finding of the Court:

THE PROSECUTION HAS SUCCEEDED TO PROVE THE GUILT OF ACCUSED PERSONS BEYOND ANY SHADOW OF DOUBT AND TO THE SATISFACTION OF THE JUDICIAL CONSCIENCE OF THE COURT. SO, THE IMPUGNED JUDGMENT AND ORDER OF ACQUITTAL DATED 09.03.1984 PASSED BY THE TRIAL COURT, WHICH IS AGAINST THE SETTLED NORMS OF LAW AND HAS BEEN SOUGHT TO BE ASSAILED, CALL FOR AND DESERVES INTERFERENCE. THE GOVERNMENT APPEAL IS LIABLE TO BE ALLOWED AND THE IMPUGNED JUDGMENT AND ORDER IS LIABLE TO BE SET-ASIDE.

Issues: WHETHER THE PROSECUTION HAS BEEN ABLE TO PROVE ITS CASE BEYOND REASONABLE DOUBT BY THE EVIDENCE OF TRUSTWORTHY WITNESSES.

Ratio Decidendi: THE EVIDENCE OF P.W. 1 IS CORROBORATED WITH THE FIR, SPOT MAP AND ALSO WITH THE MEDICAL EXAMINATION/ P.M. REPORT OF VICTIMS. THE FINDING RECORDED BY THE TRIAL COURT IN THE IMPUGNED JUDGMENT AND ORDER IN THIS REGARD IS AGAINST THE PROVISIONS OF LAW AND EVIDENCE.

Final Decision: THE GOVERNMENT APPEAL IS ALLOWED AND THE IMPUGNED JUDGMENT AND ORDER IS SET ASIDE. THE ACCUSED PERSONS ARE HEREBY CONVICTED FOR THE OFFENCE UNDER SECTIONS 148, 302 READ WITH SECTION 149 AND 324 READ WITH SECTION 149 IPC. THEY ARE SENTENCED FOR THREE YEARS' IMPRISONMENT FOR COMMISSION OF OFFENCE UNDER SECTION 148 IPC AND FOR LIFE IMPRISONMENT FOR COMMISSION OF OFFENCE UNDER SECTIONS 302/149 IPC AS WELL AS FINE WITH THE TUNE OF RS. 50,000/-EACH. IN DEFAULT OF PAYMENT OF FINE, THEY SHALL UNDERGO ONE YEAR'S ADDITIONAL SIMPLE IMPRISONMENT. APART TO THIS, THE ACCUSED PERSONS ARE SENTENCED FOR THREE YEARS' IMPRISONMENT FOR THE OFFENCE UNDER SECTIONS 324/149 IPC. ALL THE SENTENCES SHALL RUN CONCURRENTLY. EARLIER PERIOD OF THEIR DETENTION IN JAIL SHALL BE COUNTED IN PERIOD OF IMPRISONMENT IMPOSED BY THIS JUDGMENT AND ORDER.