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HIGH COURT OF ALLAHABAD
N.L. Ganguly, R.N. Ray, JJ.
Mulla - Appellants
Versus
State of U. P. - Respondents
Criminal Appeal No. 776 of 1979
Decided on : Apr 16, 1996
CRIMINAL LAW - SECTION 302, 147, 148, 149, I.P.C. - [FACT OF THE CASE] - [FINDING OF THE COURT] - [ISSUES] - [RATIO DECIDENDI] - [FINAL DECISION]
Fact of the Case:
The appellants were convicted of murder and sentenced to life imprisonment. They appealed, arguing that the F.I.R. was not a dying declaration, that the evidence of the eye-witnesses was not reliable, and that the recovery of the bloodstained and ordinary earth from the place of occurrence was doubtful.
Finding of the Court:
The court held that the F.I.R. was a dying declaration, that the evidence of the eye-witnesses was reliable, and that the recovery of the bloodstained and ordinary earth from the place of occurrence was not doubtful.
Issues: 1. Whether the F.I.R. was a dying declaration. 2. Whether the evidence of the eye-witnesses was reliable. 3. Whether the recovery of the bloodstained and ordinary earth from the place of occurrence was doubtful.
Ratio Decidendi: 1. The court held that the F.I.R. was a dying declaration because it was made by the deceased shortly after the incident, while he was in a fit state of mind, and it was corroborated by other evidence. 2. The court held that the evidence of the eye-witnesses was reliable because it was consistent and corroborated by other evidence. 3. The court held that the recovery of the bloodstained and ordinary earth from the place of occurrence was not doubtful because it was made in the presence of witnesses and it was corroborated by other evidence.
Final Decision: The court dismissed the appeal and upheld the conviction and sentence of the appellants.
N.L. Ganguly, J.
1. The Ave appellants, Mulla, Shanker, Ram Prakash, Rani Raja and Munna, preferred the above appeal against the judgment and order passed by the Sessions Judge, Jalaun at Orai in Sessions Trial No. 119 of 1977 convicting all the appellants under Section 302 read with Section 149,I.P.C. and sentencing each of them to life imprisonment. The appellants, Munna. Shanker and Ram Prakash, were convicted under Section 148,1.P.C. and sentenced to 1 1/4 years R.I. and appellants Ram Raja and Munna were convicted under Section 147, I.P.C. and sentenced to one year R.I. All the sentences to run concurrently.
2. The F.I.R. was lodged by Dulichand about the occurrence which had taken place at 3.40 p.m. on 19.6.1974 in village Sandhi. P.S. Ata. District Jalaun. The F.I.R. was registered at 4.40 p.m. on 19.6.1974. The distance of the police station from the village is two miles towards south.
The F.I.R. was lodged under Sections 147, 148 and 324, I.P.C. by Dulichand, which was orally-dictated to the Head Constable. Dulichand later on died at the hospital. In the incident Ram Prasad had also received injuries, who had also died at 2.35 a.m. on 20.6.1974.
3. Shanker aged about 15 years and Munna aged about 14 years are sons of appellant Mulla and Raja Ram is also another son of appellant Mulla. The appellant Ram Prakash son of Bhagirath is not related with appellant Mulla. All the appellants and deceased informant Dulichand belonged to the same village.
4. According to the prosecution case a day before the occurrence appellant Mulla had uttered something amounting to the defamation of the wife of Ram Prasad appellant, which led exchange of abuses between them. On 19.6.1974 at 4 p.m. when Dulichand informant and his son Ram Prasad were sitting at the door of their house, appellant Mulla and the co-appellants happened to be there. Mulla and Ram Prakash are said to be armed with spear, Shanker armed with an axe and Raja Ram and Munna armed with lathis. Mulla exhorted that Ram Prasad (deceased) and his father Dulichand informant (deceased) who had abused him a day before, be beaten. All the accused appellants started beating Dulichand and Ram Prasad with their respective weapons. On the alarm raised by the victim Dulichand, witnesses Sita Ram. Nathu and Lakshmi and several others had reached the spot and witnessed the incident. On the arrival of the witnesses and on their intervention the accused appellants left the victims and fled away. The victims Dulichand and Ram Prasad had received severe injuries. They were taken to the police station by P.W. 2 Parmai on the same day at about 8.40 p.m. Dulichand dictated the oral report to the Head Constable at the police station. The investigation followed after registering the case. The I.O. P.W. 7 Daya Ram Singh recorded the statements of Parmai, Dulichand and Ram Prasad at the police station and sent the two injured persons to the hospital at Orai for medical aid and examination of their injuries.
P.W. 7 Daya Ram Singh I.O. himself rushed to the spot. It was night The I.O. halted in the village of occurrence and took up the investigation next morning. Dr. V. Singh P.W. 6 attended the injured persons between 12 and 1 in the night of 20.6.1974. Ram Prasad had succumbed to his injuries at 2.30 a.m. and Dulichand had succumbed to his injuries at 9.30 p.m. on 20.6.1974. The case was converted to be one under Section 302, I.P.C.
5. The dead body of Dulichand was examined in autopsy by Dr. V. Singh P.W. 6 at 5.15 p.m. on 21.6.1974. The ante-mortem injuries of Dulichand and opinion about his death are quoted as under :
1. Star shaped incised penetrating wound 3 cm. x 1 1/4 cm. on the right side of the chest. Right lung and lever were cut below this injury. 2 Lacerated wound 1 cm. x 1 cm. skin deep left side of the chest. The death was due to haemorrhage, shock and asphyxia resulting from the ante-mortem injuries.
6. Dr. S. B. Mathur P.W. 9 had conducted the post-mortem examination of the
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