Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(All) 1274

IN THE HIGH COURT OF ALLAHABAD
Rajiv Gupta, Mohd. Azhar Husain Idrisi, JJ.
Mihi Lal and Another – Appellants
Versus
State of U.P. – Respondent
Criminal Appeal Nos. 1557, 1610 of 1983
Decided On : 07-02-2024

Advocates:
Advocate Appeared:
For the Appellants : Pt. Mohan Chandra, Apul Misra, P.N. Misra, Vinay Kumar Pathak

Eyewitness testimony from injured relatives is credible and can support a conviction, provided it is consistent and corroborated by medical evidence.

Headnote:(A) Indian Penal Code, 1860 - Sections 302 and 323 - Criminal appeal against conviction for murder and causing hurt - Accused convicted for life imprisonment under Section 302 IPC and six months' rigorous imprisonment under Section 323 IPC - Evidence of injured eyewitnesses and corroboration by medical reports established guilt beyond reasonable doubt. (Paras 2, 73)

(B) Eyewitness Testimony - The presence of injured eyewitnesses at the scene of the crime is credible and reliable, and their testimonies cannot be dismissed solely due to their relationship with the deceased. (Paras 60, 71)

Facts of the case:
The appellants were convicted for the murder of Khemai and causing injuries to Angoori Devi, stemming from a long-standing animosity following a prior acquittal of other accused in a related murder case. (Paras 2, 5, 6)

Findings of Court:
The trial court's conviction was upheld based on the consistent and credible testimonies of eyewitnesses, corroborated by medical evidence. (Paras 73, 74)

Issues: Whether the trial court erred in convicting the appellants based on the testimonies of eyewitnesses who were relatives of the deceased. (Paras 48, 70)

Ratio Decidendi: The court emphasized that the evidence of injured eyewitnesses holds significant weight, and their relationship with the deceased does not inherently discredit their testimony. (Paras 60, 71)

Result: Appeals dismissed; convictions and sentences upheld.

JUDGMENT :

Mohd. Azhar Husain Idrisi, J.

1. Heard Shri Apul Mishra, learned counsel for the appellants, Shri Jitendra Kumar Jaiswal, learned AGA for the State and perused the record.

2. The instant criminal appeals have been filed against the judgment and order dated 31.5.1983 passed by Additional Sessions Judge, Budaun in Session Trial No. 27 of 1981, arising out of Case Crime No. 162 of 1980, under Sections 302, 323 IPC, Police Station Jarif Nagar, District Budaun, whereby the accused-appellants have been convicted for the offence under Section 302 read with Section 34 IPC and awarded the sentence of life imprisonment and also under Section 323 read with Section 34 IPC and awarded the sentence of six months' rigorous imprisonment.

3. It has been informed that appellant No. 1 Mihi Lal in Criminal Appeal No. 1557 of 1983 had already expired and as such, the instant appeal qua appellant No. 1 Mihi Lal was dismissed as abated by this Court vide order dated 27.10.2018.

4. As per the prosecution case, as unraveled in the FIR lodged by one Dumbar Singh, vide written report (Ex. Ka-1) dated 16.10.1980 at 8:45 PM, which was registered vide Case Crime No. 162 of 1980, under Sections 302/323 IPC in Police Station Jarif Nagar, District Budaun vide G.D. No. 24 (Ex. Ka-11) of the written report and chik FIR (Ex. Ka-3) prepared by PW-6 Hari Ram Sharma at the relevant date and time.

5. The allegations made in the FIR are that about two years back, Choban Singh, son of Mihi Lal was murdered, in which, Khemai, Virendra Singh and Tara Singh along with seven other villagers were falsely nominated as accused and they were put to trial, however, about 8-9 days back, the said case ended in acquittal. Consequent to the said acquittal, the appellants and his relatives started bearing animosity against them. There were certain other cases also, on account of which, the appellants used to bear enmity against them.

6. It is further alleged that on 16.10.1980 in the forenoon, while the first informant Angoori alongwith his cousin father-in-law Khemai and sister-in-law Laung Shree were returning back to their village after cutting the paddy crops and reached near the boundary marks of the field of Gyani and Udaiveer, then from the eastern side of the bushes, Mihi Lal, son of Abhai Ram, armed with farsa and his sons Jhamman, Aaram Singh, armed with lathis and Banwari Lal, nephew of Mihi Lal, armed with SBBL gun, emerged and exhorted to kill his cousin father-in-law Khemai, who threw the bundle of paddy crops, which he was carrying on his head and tried to make his escape good, however, Banwari fired a shot, which hit him, due to which, he fell down near the boundary marks of the field of Udaiveer, thereafter, Mihi Lal, Jhamman and Aaram Singh started assaulting him with their respective weapons. They raised alarm after throwing away the bundle of paddy crops, which they were carrying on their head and tried to rescue Khemai by laying down on him, however, she was also assaulted by the assailants with lathis. Laung Shree, who was ahead of the two, also threw away the bundle of paddy crops, which she was carrying and raised alarm. On the alarm being raised by them, Kunwar Sen (PW-2) and Tara Singh reached the place of incident and challenged the assailants, who made their escape good towards north. Khemai died on the spot itself.

7. The aforesaid FIR was lodged alleging therein that accused-appellants along with Banwari had killed Khemai and caused injuries to the first informant Angoori Devi. The said FIR was registered in the presence of S.I. Hari Ram Sharma (PW-6), who took over the investigation and recorded the statement of Head Constable Azhar Hussain (PW-7), who had drawn the chik FIR and made the G.D. entry and thereafter, reached the place of incident at about 10:30 PM and thereafter, recorded the statement of Angoori Devi, Laung Shree, Tara Singh, Kunwar Sen and Dumbar Singh and stayed in the village.

8. On the next morning at 6:30 AM, Investigating Office