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2024 Supreme(All) 861
IN THE HIGH COURT OF ALLAHABAD
RAJIV GUPTA, SHIV SHANKER PRASAD, JJ.
State – Appellant
Versus
Khajan – Respondent
Government Appeal No. 1202 of 1984
Decided On : 24-05-2024
Advocate Appeared:
For the Respondents: Sa Shah, Raghvendra Kumar Mishra.
IMPORTANT POINT
The presumption of innocence remains until proven guilty, and the prosecution must establish guilt beyond a reasonable doubt; any doubt must result in acquittal.
Headnote:
ACQUITTAL - CRIMINAL LAW - IPC SECTIONS 307, 323, 147, 148, 149 - The court discussed the provisions of IPC Sections 307, 323, 147, 148, and 149, emphasizing the necessity of proving the guilt of the accused beyond reasonable doubt. The court interpreted the evidence presented, particularly the nature of injuries and the credibility of witness testimonies, concluding that the prosecution failed to establish a convincing case against the accused, leading to their acquittal.
Fact of the Case:
The prosecution alleged that on the night of April 30, 1982, the accused attacked Veerpal Sharma and his servant Ranvir, resulting in injuries to both. The incident was reported by Veerpal, who claimed that the accused, armed with firearms and other weapons, attempted to kill him. The prosecution's case relied on witness testimonies and medical reports of the injuries sustained.
Finding of the Court:
The trial court acquitted the accused, finding that the prosecution failed to prove its case. It noted inconsistencies in witness testimonies, the nature of the injuries being simple rather than grievous, and the possibility of injuries being self-inflicted or manipulated. The court emphasized the lack of credible evidence linking the accused to the crime.
Issues: Whether the prosecution proved the charges against the accused under IPC Sections 307, 323, 147, 148, and 149 beyond reasonable doubt.
Ratio Decidendi: The court reiterated the principle that in criminal cases, the burden of proof lies with the prosecution, and any reasonable doubt must lead to acquittal. The court found that the evidence presented was insufficient to establish the guilt of the accused, particularly given the nature of the injuries and the credibility of the witnesses.
Final Decision: The appeal by the State against the acquittal of the accused was dismissed, affirming the trial court's decision.
JUDGMENT :
RAJIV GUPTA, J.
1. Heard Sri Jitendra Kumar Jaiswal, learned AGA for the State, Raghvendra Kumar Mishra, learned counsel for the accused-respondent and perused the record.
2. The present Government Appeal has been filed against the judgment and order dated 19.1.1984 passed by 7th Addl. Sessions Judge, Aligarh in S.T. No. 246 of 1983 (State Vs. Khajan and others), P.S. Harduaganj, District-Aligarh, by which the accused-respondent has been acquitted for the offence under Section 307 read with Section 149 IPC and Section 323 read with Section 149 IPC as well as under Section 148 IPC.
3. Shorn of unnecessary details, the prosecution case as unraveled in the first information report, which was lodged by one Veerpal Sharma (PW-2) on 1.5.1982 at 3 P.M. in police station-Harduaganj, District-Aligarh in respect of an incident occurred on 30.4.1982 at 11 p.m. in the night. It is alleged that on the fateful night, the first informant alongwith his servant Ranvir were sitting in his Khalihan and were conversing while his son Satyadev was sleeping beside them, when accused-respondent Khajan son of Chhiddu, Shamshad son of Basheer, Haneef son of Maseet, Edal son of Manik, Ramji Lal son of Lal Singh, Habib son of Bindu allegedly reached there and stated to kill Veerpal, consequent thereto Khajan fired a shot at him, however it missed the target, on which all others exhorted Shamshad to assault him, consequent to which, Shamshad fired a shot at him by a country made pistol. He in order to rescue himself, bent down, yet he received injuries on his head.
4. It is further stated that Ramji Lal and Hanif armed with farsa also stood there, Edal assaulted him by lathi whereas Hanif assaulted him by the reverse side of the ballam, consequent to which, he fell down and his servant was also assaulted by them. At the time of assault, his son was raising alarm from a distance. He alongwith his servant also raised alarm, consequent to which, Khubi and Soran and several other persons reached there, who in the moon light and in the flash of torch, saw and identified the assailants, however seeing the said witnesses, the assailants ran away.
5. It is further stated that he is having prior enmity with Edal and the other accused persons, who are members of his gang, on the basis of said written report given by Veerpal, a first information report was registered vide Case Crime No. 77 of 1982, under Sections 147/149 and 307 IPC, Police Station-Harduaganj, District-Aligarh. On the basis of said written report, which has been proved and marked as Exbt. Ka-3, the first information report was registered, which has been proved and marked as Exbt. Ka-6.
6. After registration of the said first information report, the victims Ranvir and Veepal were sent for medical examination at Primary Health Centre, Harduaganj, Aligarh, whereas Dr. D.P. Singh has examined their injuries and prepared the injury report, which has been proved and marked as Exbt. Ka-1 and Exbt. Ka-2. The doctor has noted the following injuries:
Injuries of Ranvir Singh
1. Abraded bruise 1 x 1/4” X 1/2” on the lateral aspect of right side of abdomen in the mid auxillary line just adjacent to the right iliac crest at the level of umblicus. Pink red in appearance surrounded by a diffuse ill defined swelling.
2. Bruise 2” X 1 / 2 “ on the left side of back 4” x 1 / 2” away from mid line and 2” x 1/4” below the lower end of left scapula bone. Pink red in appearance. Both the above injuries are simple in nature caused by same blunt object, duration 1/2 day old.
Injuries of Virpal Sharma
1. Lacerated wound 1” X 1/8” X 1/10” on the scalp in the mid line, horizontally placed. Whose base and margins are charred and tail end towards the right temple, surrounding hair are also charred and burnt.
2. Abrasion 1/2” X 1/20” on the fronto-lateral aspect of left shoulder joint 1 x 1/2” below the top of shoulder.
3. Bruise 2 x 1/2” X 1 x 1/4” on the front and top aspect of left shoulder joint. Pink red in appearance.
4. Abrad
