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IN THE HIGH COURT OF ALLAHABAD
SUNITA AGARWAL, SUBHASH CHANDRA SHARMA, JJ.
Budh Sen And Others – Appellant
Versus
State of U.P.
CRIMINAL APPEAL No. 929, 1152, 5391 of 2004
Decided on : 12-09-2022
CRIMINAL APPEALS - Murder - IPC 148, 302/149 - Arms Act 25, 4/25 - [The judgment and order dated 10.02.2004 convicted and sentenced the appellants under Section 148 IPC for six months rigorous imprisonment and Section 302/149 IPC for life imprisonment and fine of Rs.5,000/-; in default of payment of fine they have to undergo additional imprisonment for a period of six months. Appellants Janki and Veerpal were acquitted of the charges under Section 25 Arms Act.]
Fact of the Case:
The prosecution case involved the murder of three individuals in a mango orchard. The first informant, his brother, and nephew witnessed the appellants assaulting the deceased with various weapons. The deceased were found dead in the orchard, and the post-mortem reports indicated severe injuries caused by sharp-edged weapons and firearms. The investigation led to the recovery of weapons used in the incident, and the trial court convicted and sentenced the appellants.
Finding of the Court:
The trial court found the appellants guilty based on the trustworthy and reliable testimony of the prosecution witnesses, who were consistent in their statements and provided a detailed account of the incident. The court also noted the presence of a strong motive for the appellants to commit the murder, as well as the absence of material contradictions in the evidence.
Issues: The court considered whether there was any delay in lodging the F.I.R., the possibility of false implication of the appellants due to enmity, the presence of motive to commit the murder, and the reliability of the prosecution witnesses.
Ratio Decidendi: The court held that the delay in lodging the F.I.R. was natural given the circumstances, and the presence of a strong motive for the appellants to commit the murder was established. The court also found the testimony of the prosecution witnesses to be trustworthy and reliable, despite their relationship to the deceased, and concluded that the minor contradictions in their statements did not affect the credibility of their testimony.
Final Decision: The appeals lacked merit and were dismissed. The appellants were either convicted and sentenced or acquitted based on the evidence presented. The court directed the compliance of the judgment and ordered the appellants to serve their sentences.
JUDGMENT :
SUBHASH CHANDRA SHARMA, J.
1. These criminal appeals emanate from the judgment and order dated 10.02.2004 passed by the learned Additional District & Sessions Judge, Court No. 3, Rampur in Sessions Trial No. 624 of 1999 (State Vs. Buddhsen and others), arising out of Crime No. 93 of 1999, under Sections 148, 302/149 IPC; Sessions Trial No. 625 of 1999 (State Vs. Veerpal) arising out of Crime No. 94 of 1999, under Section 25 Arms Act and Sessions Trial No. 626 of 1999 (State Vs. Janki) arising out of Crime No. 95 of 1999, under Section 25/4 Arms Act, Police Station Patwai District Rampur, whereby the appellants-Buddhasen, Jairam, Hori Lal, Mahipal, Janki and Veerpal, each have been convicted and sentenced under Section 148 IPC for six months rigorous imprisonment and Section 302/149 IPC for life imprisonment and fine of Rs.5,000/-; in default of payment of fine they have to undergo additional imprisonment for a period of six months. Appellants Janki and Veerpal were acquitted of the charges under Section 25 Arms Act.
2. The prosecution case in brief is that on 13.7.1999 at about 8.30 a.m., an F.I.R. was lodged at the Police Station Patwai, District Rampur by the informant Lakhan Singh, who happened to be the brother of deceased Trimal, father of deceased Sompal and uncle of deceased Jamna r/o Village Madauli, Police Station Patwai, District Rampur, by filing a written report. It was stated therein that his mango orchard was located in the south-west direction of the village. His brother Trimal, son Sompal and nephew Jamna s/o Chhiddan used to go and sleep in the orchard to keep a watch. In the intervening night of 12/13.07.1999, at about 2 A.M., first informant, his brother Chheddan, nephew Dharmpal and a resident of his village Lalman went to the orchard where they saw that the appellants Buddhasen with gandasa, Jairam with spear, Horilal and Veerpal with country made pistols; Mahipal & Janki with knives entered into the orchard and committed the murder of Trimal, Sompal and Jamna by causing injuries to them. The first informant and other persons identified the assailants and when they made noise, all the appellants ran away towards Kosi River. In the night owing to the fear, they did not go to lodge the F.I.R. In the morning, on the basis of the written report (Tahreer) filed by the informant, the case was registered as Crime No. 93 of 1999 under Sections 147, 148, 149, 302 IPC. The detail of the case was entered into the G.D. at report No. 14.
3. The investigation of the case was handed over to the Station House Officer N.K. Solanki.
4. The inquest of deceased Sompal, Jamna and Trimal, were conducted by A.S.I. Ram Mohan Sharma on the direction of S.I. N.K. Solanki on the same day and the inquest reports were prepared by him along with other relevant papers required for the purpose of post-mortem. Dead bodies were sealed and handed over to constable Bhagwan Das, Anek Singh and Hridesh Kumar who brought them to the Mortuary, District Hospital, Rampur.
5. The post-mortem of the dead bodies of three deceased were conducted on 14.07.1999. It is mentioned in the post-mortem reports that the dead bodies were brought in the Mortuary by constable Bhagwan Das and Hridesh Kumar, sent by S.O. Patwai, Rampur in a sealed cloth with enclosures ten in number. The findings recorded in the post mortem report of Trimal are as under:
Ante-mortem injuries: 1. Incised wound 10 cm x 4 cm x brain cavity deep obliquely placed over left side of forehead underneath fractured bone (frontal) eye orbit , brain tissues peeping out.
2-Incised wound 2 cm x 1 cm x skin deep over right side of forehead above.
3-Incised wound 6 cm x 2 cm over abdomen vertically placed 3 cm above umbilicus omentum coming out.
4-Gun shot wound of entry 6 cm x 4 cm over the left arm pit blackenin
The main legal point established in the judgment is the reliance on trustworthy and reliable testimony of prosecution witnesses, despite their relationship to the deceased, to establish the guilt of ....
The prosecution failed to establish the identification of the appellants and the motive for the murders, leading to their acquittal.
Mere fact that it is not established that the recovered country made pistol was used in causing the murder, in itself cannot be made the base for discarding the reliable testimony of the eye witnesse....
Interested evidence is not necessarily unreliable and should be scrutinized with care but cannot be rejected merely on the ground of being partisan. Minor discrepancies and contradictions should not ....
Conviction for mass murder under 302/149 IPC set aside due to unreliable, contradictory ocular evidence from related witnesses; doubtful night identification, improbable presence/story; benefit of do....
The judgment establishes that minor discrepancies in witness testimonies, which do not materially affect the case, cannot be the basis for doubting the prosecution's case.
The prosecution must establish guilt beyond reasonable doubt based on credible evidence, including witness testimony and medical findings, even absent direct physical evidence like weapon recovery.
The testimonies of related witnesses must be scrutinized carefully, especially when inconsistencies exist and the prosecution fails to prove its case beyond reasonable doubt.
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