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IN THE HIGH COURT OF ALLAHABAD
Surya Prakash Kesarwani, Nand Prabha Shukla, JJ.
Ram Kishore – Appellant
Versus
State of U.P. – Respondent
Criminal Appeal No. - 259 of 1982
Decided On : 02-08-2023
Indian Penal Code,1860 - Sections 307, 394 and 302 - Criminal Procedure Code,1973 - Sections 374 (2), 232 ,161 and 313 - Evidence Act, 1872 - Section 32 - Offence of murder – Examination of accused - FIR Police Station- Sections 307 and 394 IPC against three accused persons - Incident he proceeded for his Police Station- District-Banda on his bicycle carrying his gun bearing Licence - He reached at he met three persons - Other three wanted to go to Village but as Bus did not come, they went to the place Bus Stand – Held, Learned trial court has found the dying declaration to be trustworthy and not tutored. Under the circumstances, dying declaration (Ex.ka-18) as proved by PW-8 and corroborated with the evidence of PW-7, has to be given due weight. Considering evidence of prosecution witnesses as noted in paragraph-12 of this judgment – Court’s view that “dying declaration” of the deceased was voluntary and trustworthy - Safely concluded that the accused Ram Kishore committed the offence under Section 302 and 394 I.P.C. Accordingly, his conviction and sentence under Sections 302, 394 I.P.C. deserves to be confirmed – Appeal dismissed
JUDGMENT :
1. Heard Sri Satish Chandra Dubey, learned counsel for the appellant and Sri Jitendra Kumar, learned A.G.A. for the State-opposite party.
2. The present appeal under Section 374 (2) Cr.P.C. has been preferred by the sole appellant Ram Kishore assailing the judgment and order of conviction and sentence dated 07.01.1982 passed by the learned Trial Court in Sessions Trial No. 252 of 1980 (State vs. Ram Kishore and Others) arising out of Case Crime No. nil of 1979, under Sections 307, 394 IPC, P.S. Baberu, District- Banda whereby the appellant has been convicted for the offences under Sections 302 and 394 of the IPC and sentenced which is as follows:
2. To undergo rigorous imprisonment for seven years for the offences under Section 394 IPC.
3. All the punishments shall run concurrently.
3. The trial had proceeded against all the three accused under Section 302 read with Section 34 IPC, 307 read with Section 34 IPC and Section 394 IPC.
4. Out of the total three accused, only Ram Kishore has been convicted and the rest two accused Iqbal Bahadur and Ram Gopal were acquitted at the stage of 232 Cr.P.C. The acquittal orders have not been subjected to challenge.
5. Brief facts of the prosecution case are that:
Ramanand lodged an FIR on 18.07.1979 at 06:15 p.m. at Police Station- Baberu, District- Banda, under Sections 307 and 394 IPC against three accused persons, namely, Ram Kishore, Ram Gopal and Iqbal Bahadur stating that on the date of the incident at around 07:00 a.m., he proceeded for his Sasural at Village Amwa, Police Station- Biseda, District-Banda on his bicycle carrying his gun bearing Licence No. 1581 along with 32 cartridges. He reached at Agausi Ghat at about 09:30 a.m., he met three persons, namely, Ram Kishore, Raj Gopal Bhujwa and Iqbal. All the four persons together crossed the river by one boat. After reaching Agausi, they could not get the Bus, therefore, detained at Agausi. The other three wanted to go to Village Patvan but as the Bus did not come, they went to the place of Pheran Bhujwa situated near Agausi Bus Stand. There they took the meals and again went to the Bus Stand at 06:00 p.m. They met a person working in the Malaria Department, who used to live at Village Nimor. In the meantime, accused Ram Kishore took his gun and cartridges. Ram Gopal sat at the bicycle of the first informant while accused Iqbal Bahadur Singh and Ram Kishore sat at the bicycle of the person said to have serving in Malaria Department. When they covered the distance of about one kilometer towards Kazi Tola, near the culvert, on the road side, Ram Kisore fired the gun at Ramanand. The first informant sprang towards the Mahua tree in the field. All the three chased him, then Ram Kishore again fired at him. Hearing the noise, Pheran Bhujwa, Devi Dayal Master and number of other persons reached there. All the three accused persons fled away from the spot with his gun and cartridges. The persons who reached there, took him to Baberu to some distance by Tonga and the rest by a Bus.
6. After reaching the hospital at Baberu, Dr. P.C. Chandel examined the injuries of Ramanand in the intervening night of 18.07.1979 and 19.07.1979 at 12:05 a.m. at Sadar Hospital, Banda. The injuries found by Doctor on the body of Ramanand are as under:
2. Abrasion 2.5 cm x 0.5 cm on lateral part of external ear including ear lobule.
3. Multiple Abrasions in an area 7 cm x 1.5 cm on upper margin of wound of Injury no. 1 behind the ear lobule.
4. Lacerated wound 9 cm x 7 cm x muscle deep on upper m
A dying declaration must be trustworthy and corroborated; significant discrepancies in the statement led to acquittal due to reasonable doubt not established by prosecution.
Dying declarations can alone sustain a conviction if deemed reliable and made in a fit state of mind, without corroborative evidence being strictly necessary.
Dying declarations can serve as the sole basis for conviction if deemed credible and made in a fit state of mind, as established in this case.
The court affirmed that a dying declaration can serve as the sole basis for conviction if it is credible, voluntary, and made in a fit state of mind.
A dying declaration must be certified by a medical professional regarding the declarant's mental fitness; failure to do so undermines its reliability as evidence in a murder conviction.
A dying declaration must be supported by evidence of the declarant's mental fitness; absence of such certification undermines its reliability as a basis for conviction.
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