Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(All) 944

IN THE HIGH COURT OF ALLAHABAD
ASHWANI KUMAR MISHRA, SHIV SHANKER PRASAD, JJ.
Sultan – Appellant
Versus
State of U.P. – Respondent
Jail Appeal No. 147 of 2012
Decided On : 30-09-2022

Advocates:
Advocate Appeared:
For the Appellants : Arvind Kumar Mishra, Gaurav Kakkar.

The credibility of the prosecution's evidence, including the testimony of eye-witnesses, prompt first information report, and medical evidence, is crucial in confirming a conviction.

Headnote:
Jail Appeal - Murder - Sections 302, 504 I.P.C., Section 25 Arms Act - [Sections 302, 504 I.P.C., Section 25 Arms Act] - The court discussed the prosecution's case, evidence, and the judgment of conviction against the accused-appellant. The court found that the prosecution's case was based on the statement of PW-5, an eye-witness, and the evidence of motive, prompt first information report, and medical evidence. The court also considered the defense's arguments regarding the presence of independent witnesses and the character of the deceased. The court confirmed the conviction, dismissing the appeal and canceling the appellant's bail bonds.
Fact of the Case:

The prosecution's case was based on the statement of PW-5, an eye-witness, who testified to the murder of the deceased Jamil by the accused-appellant. The incident occurred in broad daylight, and the first information report was promptly lodged by the informant within an hour of the incident. The accused-appellant had a motive to commit the offense, and the medical evidence supported the prosecution's version. The defense argued about the presence of independent witnesses and the character of the deceased.
Finding of the Court:

The court found that the prosecution's case was based on credible evidence, including the testimony of PW-5, prompt first information report, and medical evidence. The court also considered the defense's arguments regarding the presence of independent witnesses and the character of the deceased. The court confirmed the conviction, dismissing the appeal and canceling the appellant's bail bonds.
Issues: The issues involved the credibility of the prosecution's evidence, the presence of independent witnesses, and the character of the deceased.
Ratio Decidendi: The court relied on the testimony of PW-5, an eye-witness, the prompt first information report, and the medical evidence to confirm the conviction. The court also considered the defense's arguments regarding the presence of independent witnesses and the character of the deceased.
Final Decision: The court confirmed the conviction, dismissing the appeal and canceling the appellant's bail bonds.

JUDGMENT :

SHIV SHANKER PRASAD, J.

1. This jail appeal is by the appellant-Sultan against the judgment and order dated 5th October, 2011 passed by the First Additional Sessions Judge, Baghpat in Sessions Trial No. 132 of 2008 (State vs. Sultan) arising out of Crime No. 304 of 2007, under Sections 302, 504 I.P.C. Police Station-Singhawali Aheer, District Baghpat and in Sessions Trial No. 133 of 2008 (State vs. Sultan) arising out of Crime No. 317 of 2007, under Section 25 Arms Act, Police Station-Singhawali Aheer, District-Baghpat, whereby the accused-appellant has been convicted and sentenced to undergo (i) life imprisonment for the offence under Section 302 I.P.C. with a fine of Rs. 50,000/- in default thereof, he has to further undergo one year additional simple imprisonment, (ii) six months imprisonment for the offence under Section 504 I.P.C. and (iii) one year for the offence under Section 25 of the Arms Act, that all the sentences were to run concurrently.

2. We have heard Ms. Archana Singh, learned Amicus Curiae on behalf of the appellant and Mrs. Archana Singh, learned A.G.A. for the State as also perused the entire materials available on record.

3. The prosecution story, as transpired from the records of the present appeal, is as follows:

On the written report (Exhibit-Ka-1) given by the PW-1/informant Aflatoon son of Bunddu Darji, a first information report (Exhibit-Ka-4) has been lodged on 3rd November, 2007 at 10:30 a.m. against the accused-appellant, which was registered as Crime No. 304 of 2007 under Sections 302 and 504 I.P.C. In the said report, it has been alleged that on 3rd November, 2007 at about 09:00 a.m. in the morning, when the brother of the informant, namely, Jamil was coming to his house from Gher, on the way the accused-appellant met Jamil and said that he has separated his wife from him and started abusing him. After explaining that he is not responsible for the same, he came to his house. After that when the accused-appellant was on the roof of his house, he asked Jamil to come to his roof stating that his behavior with him earlier was wrong for which he was apologizing. Believing the accused Sultan, the brother of the informant i.e. Jamil reached roof/terrace of one Iliyash and the accused-appellant also came to roof/terrace of Iliyash, where the accused-appellant while talking him, took out a Katta (country-made pistol) and shot Jamil in his neck and fled. The time of occurrence was 09:30 a.m. and at that time the younger sister of the informant, namely, Hazra also went behind his brother Jamil on the terrace. The said incident occurred in her presence. The younger brother of the informant, namely, Vakeel had also seen the incident. The dead body of the informant was lying on the roof covered in blood and he had come to the Police Station for lodging the first information report. On registration of the said case, PW-6 Sub-Inspector Rajeev Kumar Kaushik after mentioning the said report in the General Diary, reached the place of occurrence on the identification of the informant. PW-6 has also recorded the statement of the informant along with other witnesses and prepared site plan. PW-6 has also recovered blood stained and plain earth from the place of occurrence and prepared recovery memo (Exhibit-Ka-12) on the same day i.e. 3rd November, 2007.

4. The inquest of the deceased was conducted on the same day at 13:30 hours in the presence of PW-6 and the statements of witnesses were taken on the inquest report (Exhibit-Ka-2) by PW-6. The inquest witnesses opined that since the cause of death of the deceased was due to gun shot, the post-mortem was necessary.

5. Thereafter the dead body of the deceased was sealed and sent to Mortuary. The autopsy of the deceased was conducted on the same day i.e. 3rd November, 2007 at 04:10 p.m. by Dr. Yatish Kumar (PW-3). In the opinion of PW-3, the cause of death of deceased Jamil was shock and haemorrhage due to following ante-mortem injuries:

“(1) Gun shot wound of entry