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IN THE HIGH COURT OF ALLAHABAD
Siddhartha Varma, Ram Manohar Narayan Mishra, JJ.
Karan Singh – Appellant
Versus
State of Uttar Pradesh – Respondent
Criminal Appeal No. - 1403 of 1982
Decided On : 27-08-2024
(A) Indian Penal Code, 1860 - Sections 148, 307 read with 149, 302 read with 149 - Criminal appeal against conviction - Appellant acquitted due to lack of evidence linking him to the crime, particularly absence of identification parade and doubts regarding witness recognition. (Paras 14, 15)
(B) Evidence - Identification of accused - Court emphasized the necessity of prior identification parade for reliable witness testimony, especially when the accused is not previously known to the witness. (Paras 9(v), 13)
Facts of the case:
The appellant was implicated in a violent incident resulting in the death of a police officer, but doubts arose regarding the identification of the appellant by witnesses who were not familiar with him prior to the incident.
Findings of Court:
The court found the evidence against the appellant insufficient, leading to his acquittal.
Issues: The main issue was the reliability of witness identification of the appellant, who was not known to them prior to the incident.
Ratio Decidendi: The court ruled that without a proper identification parade, the testimony of witnesses regarding the appellant's identity was unreliable, leading to reasonable doubt about his involvement.
Result: Appeal allowed; appellant acquitted.
JUDGMENT :
1. Instant Criminal Appeal has been preferred under Section 374 Cr.P.C. against the judgment and order dated 26.05.1982 passed by Special Judge, Additional Session Judge, “Dakaiti Prabhawit Chhetra Banda, in Sessions Trial No.318 of 1981, convicting the appellants under Sections 148, 307 read with 149 and under Section 302 read with section 149 I.P.C., whereby the accused appellants were convicted. For the charge under Section Section 148 IPC, they were sentenced to three years rigorous imprisonment. For the charge under Section 307/149 IPC they were sentenced to 7 years rigorous imprisonment and for the charge under Section 302/149 the appellants were sentenced to life imprisonment. In the impugned order dated 26.05.1982 all the sentences were directed to run concurrently.
2. Heard learned counsel for the appellants and Sri Amit Sinha learned A.G.A. for the State-respondents and perused the material available on record.
3. Upon an incident having taken place on 30.05.1981, a First Information Report was lodged by the Sub Inspector Balbir Singh stating that on an application given by one Ram Bali, the Sub Inspector Balbir Singh alongwith Dharam Singh had visited the village. These two Sub Inspectors were accompanied by Om Prakash Singh and Ram Narayan constables. When they started from their police station they passed through a village called Bhabhuwa where the police party was joined by constables Jagdev Singh, Indu Khan and Jeevan Lal, and thereafter they reached the village Imiliha Purwa at around 10:30 am. The Sub Inspector Balbir Singh in an effort to investigate into the complaint made by Rambali questioned the villagers, and it so transpired that two of the persons who were named in the complaint namely Amar Singh and Shamsher Singh were hiding in a house of one Bihari Chamar. It also came to his knowledge that the two persons against whom the complaint was made by Rambli were carrying fire arms. When the police personnel reached the house of Bihari Chamar, the two accused persons namely Amar Singh and Ramesh Singh went out of the house and also hurled abuses on the police party and said that the members of the police party would be done away with. The police party as has been stated in the FIR hid behind a wall and started facing the bullets as were being fired by Amar Singh and Shamsher Singh and thereafter to protect themselves in their defence they also started firing. The Sub Inspector Dharam Singh very valiantly went into the enclosure where Amar Singh and Shamsher Singh were hiding and as he crossed the house where they were hiding, they were assailed by constant firing and S.I. Dharam Singh in the process got injured. It has been stated in the FIR that the bullet which was fired by Amar Singh, had actually hit the Sub Inspector Dharam Singh. The police party thereafter intensified its firing and entered the house and took out Dharam Singh from the house which he had entered, and Om Prakash Singh constable was instructed to arrange for a vehicle to take him to a hospital and thereafter the five accused namely Amar Singh, Karan Singh, Shamsher Singh and Vijay Singh who were residents of the village Rudauli, Police Bhaberi ran away alongwith Bhairo Singh who was a resident of village Turra, Police Station Bhadausa. However, Balwant Singh the sixth accused, while running away, got injured by the firing of the police and he hid himself in the house of Bihari. In an effort to oust him from the house, the Sub Inspector Balbir Singh put the house on fire, and thereafter Balwant came out of the house and was injured to such an extent that he also died.
4. Learned counsel for the appellant further submitted that the FIR was thereafter lodged by Sub Inspector Balbir Singh on 31.05.1981 and that was made an exhibit in the case. The police while investigating, prepared certain recovery memos with regard to the bullets etc. which were found on the spot and that recovery memo was exhibited as Ext. Ka-3. The revolver of
The court ruled that identification of an accused must be supported by prior identification procedures to ensure reliability, leading to the acquittal of the appellant due to insufficient evidence.
Failure of prosecution to prove charge beyond reasonable doubt due to inordinate delay in FIR and weak identification evidence.
A conviction cannot stand when evidence lacks consistency, identification credibility is questionable, and motive is not established.
Proper identification procedures, such as Test Identification Parade, and the examination of key witnesses are essential to establish charges beyond reasonable doubt.
The prosecution must establish the identity of the accused beyond reasonable doubt; weak witness identification leads to acquittal.
Hurt, attempt to murder and house trespass – Dock identification has no meaning at all where Investigating Officer has not been examined and TIP is not available on record – Dock identification by fe....
Eyewitness testimony, even from related witnesses, can sustain a conviction if corroborated by cohesive evidence; procedural lapses in FIR handling do not necessarily vitiate a trial.
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