The court reinforces that eyewitness identification is reliable even in low visibility, especially when witnesses are familiar with the accused.

Headnote:(A) Indian Penal Code - Sections 452, 307, 302 - Conviction of accused for grievous injuries and murder - The case concerned a violent assault by the accused which resulted in the death of Mathu Ram and injuries to PW 10 and PW 11 - The prosecution's case supported by credible eyewitnesses - Identification of assailants asserted despite darkness; court upheld their capability to recognize assailants - Judicial support for reliability of identifications in similar circumstances discussed. (Paras 20, 24, 25)

(B) Evidence - The trial court's conviction based on solid evidence from eyewitness reports - Accused's defense based on denial and false implication dismissed as unsubstantiated - Challenge against recovery and identification of clothes by forensic evidence deemed irrelevant. (Paras 21, 26, 29)

Findings of Court:
The evidence overwhelmingly establishes the accused's guilt based on eyewitness accounts and corroborative forensic findings.

Issues: Key issues included the identification of accused amidst poor visibility and the challenge of false implications due to personal grievances.

Ratio Decidendi: The court held that the eye-witnesses could identify the accused despite dim lighting and emphasized the importance of clear evidence corroborating the eyewitness testimony.

Result: Appeals dismissed.

Table of Content
1. details of the assault by accused and medical reports. (Para 4 , 5 , 6)
2. arguments against eyewitness identification credibility. (Para 20 , 21)
3. judicial principles supporting eyewitness identification. (Para 24 , 25)
4. clarification on the rejection of defense arguments. (Para 32 , 34)

1. The abovenoted three appeals arising out of the judgment dated 2-12-2000 of the learned Additional Sessions Judge, Shimla, in Sessions Trial No. 16 - S / 7 of 1996 are being disposed of together by this single judgment.

2. Each of the three appellants, hereinafter referred to as the accused, stands convicted for the offences under S.452, S.307 and S.302 read with S.14, Indian Penal Code and sentenced as under :

3. Briefly, the prosecution story may be thus stated. Accused Mansha Ram is the son of PW 10 Ganga Ram, while accused Sanjay Kumar and Inder Singh alias Bhola are the sons of accused Mansha Ram. PW 11 Tula Ram had purchased 16 Bighas of land in the year 1985 from PW 10 Ganga Ram. Accused Mansha Ram had assailed such sale of land by his father PW 10 Ganga Ram by way of a civil suit. Such suit was dismissed by the trial Court and an appeal was preferred by accused Mansha Ram before the District Judge, Shimla.

4. On the night intervening 21/22-10-1995 at about 1 a.m. the three accused came to the residence of PW 11 Tula Ram in Kasumpti. They knocked at the door and thereafter after pushing the door open, they entered the room and declared that they would kill PW 11 Tula Ram. Accused Mansha Ram at that time was armed with an iron angle while the other two accused were armed with iron rods. Accused Mansha Ram gave a blow with the iron angle on the head of PW 11 Tula Ram. He also caused injuries to PW 10 Ganga Ram and Mathu Ram (the brother of PW 11), both of whom at the relevant time were with PW 11 Tula Ram. Accused Sanjay Kumar and Inder Singh also joined their father accused Mansha Ram in beating PW 10 Ganga Ram and Mathu Ram. As a result of the assault, PW 11 Tula Ram fell down on the ground unconscious. He regained consciousness on the following morning when he found PW 10 Ganga Ram and Mathu Ram lying in a pool of blood with injuries on their person. Mathu Ram was dead.

5. On 22-10-1995 at about 8 a.m. PW 1 Shyam Lal, Halqua Patwari, who was residing in the upper storey of the same building, noticed PW 10 Ganga Ram and PW 12 Tula Ram in an injured condition in the Verandah. He came down and inquired about the injuries on the person of PW 10 and PW 11. He was informed by PW 11 Tula Ram about the beatings given to them on the previous night. PW 1 Shyam Lal after recording a report in his Rojnamcha Wakiyati, copy of which is Ex. PW 1 / H went to Police Post, Kasumpti to report the matter. On the basis of such report, PW 20 Sub-Inspector, Police Station, East Shimla came to the spot and recorded the statement, Ex. PW 3 / A, of PW 11 Tula Ram under S.154, Code of Criminal Procedure . A case for the offences under S.452, S.307 and S.302 read with S.34, Indian Penal Code , thus came to be registered vide FIR No. 172/995 (Ex. PW 5 / A).

6. During the course of investigation the two injured, namely, PW 10 Ganga Ram and PW 11 Tula Ram were subjected to medical examination. PW 12 Dr. Dev Raj Sharma, who medically examined the two injured, found the following injuries on their person: -
Re : Ganga Ram.
(i) Incised wound 12 cm. x 4 cm. with a piece of bone coming out, margins irregular extending from right frontal to temporal region with clotted blood over it.
(ii) One 2 cm linear cut incised wound over right eye brow with clotted blood and irregular margins.
(iii) Injured right eye with bleeding therefrom. Iris prolapsed with blood in the cavity (anterior Chamber of the eye). Conjuctiva congested.
(iv) 2 cm linear cut injury on right side of chin with regular margins 1/4 cm. x 1/4cm.
(v) Multiple bruises under right and left eyes.
(vi) Three bruises on left forearm, posterior aspect 3 cm x 4 cm each.

7. Upon x - ray examination in r

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2003 Supreme(Online)(HP) 3

HIMACHAL PRADESH HIGH COURTR.B. Mishra, JInder Singh and etc. v. State of H.P.Sessions Trial No. 16 - S / 7 of 1996

The court reinforces that eyewitness identification is reliable even in low visibility, especially when witnesses are familiar with the accused.

Cases Referred (2)

HIMACHAL PRADESH HIGH COURT
R.B. Mishra, J
Inder Singh and etc. v. State of H.P.
Sessions Trial No. 16 - S / 7 of 1996