The reliability of eyewitness accounts and medical evidence in cases of direct evidence, and the diminished significance of motive in such cases.

JUDGMENT :

Ashwani Kumar Mishra, J.

1. Heard Ms. Vijata Singh, learned Amicus Curiae for the appellant and Mrs. Archana Singh, learned AGA for the State.

2. This jail appeal is directed against judgment and order dated 16.10.2006, passed by the Additional District & Sessions Judge (Special), Baghpat in Sessions Trial No. 188 of 2005, State vs. Om Prakash whereby the appellant has been convicted under sections 302 and 352 IPC, in Case Crime No.324 of 2004, Police Station Ramala, District Baghpat and consequently sentenced to life imprisonment along with fine of Rs.20,000/-for the offence under Section 302 IPC and three months imprisonment for the offence under Section 352 IPC. In the event of failure to deposit the fine appellant was to undergo six months additional imprisonment. Both the sentences are to run concurrently.

3. Briefly stated, the prosecution case is that a written report dated 14.9.2004 was received from applicant Kallu Ram (PW-1) (Ext. A-1), scribed by Praveen Kumar S/o Kallu Ram (PW-6), stating that the elder son of informant i.e. accused appellant Om Prakash is a person of criminal antecedents and has been sent to jail multiple times. Few days prior to the incident accused Om Prakash attempted to assault the informant and his wife, which was not liked by the other two sons of the informant, namely Arvind and Praveen. Om Prakash on account of aforesaid was annoyed with his brothers Arvind and Praveen. At about 11.00 pm on 14.9.2004 the deceased Arvind alongwith informant and the informant’s brother Hukum Singh (PW-2) had gone to sleep outside the house while Om Prakash was sleeping inside the house. At about 4.00 a.m. the next morning the informant and his brother woke up on hearing some noise to find that accused Om Prakash was inflicting repeated blows on the neck and face of deceased Arvind with Tabal/Daav, a sharp edged weapon. The informant and his brother raised alarm on which Om Prakash rushed towards them also but as neighbours Rajveer Singh, etc., came on the spot the accused appellant fled. The dead body of the informant's son was lying on spot and a request was made in the written report to lodge the report and to do the needful. On the basis of aforesaid written report a First Information Report dated 14.9.2004 (Ext. A-16) was registered as Case Crime No. 324 of 2004, under Sections 302 read with 352 IPC.

4. After lodging of aforementioned FIR the police of Police Station -Ramala came into action. Accordingly, proceedings for conducting the inquest of the body of deceased were undertaken. An Inquest report was thereafter prepared in terms of Section 174 Cr.P.C. at about 9.00 am on 14.9.2004. As per the inquest report Chandra Prakash, Dilawar Singh, Mahipal, Ankur Kumar and Ranveer are the witnesses of inquest. In the opinion of the witnesses of inquest (Panch-witnesses) the deceased was found to be of average height and aged about 25 years. The inquest witnesses opined that the death of deceased was homicidal as the dead body of deceased was found lying on the cot having multiple injuries on face and neck. The panch witnesses also opined that as the deceased had died due to injuries sustained by him the postmortem of the body of deceased be also carried out.

5. Subsequent to above the blood stained clothes of the deceased were recovered. A recovery memo of the same was prepared i.e. Ext. Ka-9. Thereafter Investigating Officer collected blood stained earth and plain earth from the place of occurrence and prepared its recovery memo i.e. Ext. Ka-10. Thereafter the detailed police scroll was prepared and the body of the deceased was dispatched for postmortem on 14.9.2004. The same was carried out on the same day at about 3.00 pm by Dr. R.G. Verma (PW-7). In the opinion of the autopsy surgeon, the cause of death of deceased was shock and hemorrhage as a result of the following ante-mortem injuries:-

“1. Incised wound 10cm x 4cm x mandible cut extend from (R) angle of mouth to lower part of (R) ear.

(2) Incised