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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Prashant Kumar, Karunesh Singh Pawar, JJ.
Madan – Appellant
Versus
State of U.P. – Respondent
Criminal Appeal No. 85 of 1998
Decided On : 01-03-2019
ACQUITTAL - Criminal Appeal - Section 302/149 of Indian Penal Code - [147, 148, 149, 302 IPC] - The court acquitted the accused Ram Bilas, Kamlesh, and Surya Narain by extending them the benefit of doubt. The judgment discussed the enmity between the parties, contradictions in witness statements, unexplained injuries, and the improbability of the prosecution's version. The court found the testimony of the prosecution witnesses to be doubtful and the presence of the witnesses at the place of occurrence to be uncertain. The medical evidence did not corroborate with the oral testimony, and the court concluded that it would not be safe to convict the appellants based on such evidence.
Fact of the Case:
The case involved the murder of Swami Dayal, with eight accused persons involved in the incident. The prosecution alleged that the accused surrounded and attacked the victim and his nephew, resulting in the victim's death. The accused denied their involvement, and the case was based on the testimony of eyewitnesses and medical evidence.
Finding of the Court:
The court found the testimony of the prosecution witnesses to be doubtful and the presence of the witnesses at the place of occurrence to be uncertain. The medical evidence did not corroborate with the oral testimony, and the court concluded that it would not be safe to convict the appellants based on such evidence.
Issues: The key issues included the reliability of eyewitness testimony, the presence of the witnesses at the place of occurrence, the explanation for unexplained injuries, and the credibility of the prosecution's version of events.
Ratio Decidendi: The court emphasized the importance of explaining unexplained injuries on the side of the accused and highlighted the significance of contradictions and improbabilities in witness statements. The court also considered the lack of corroboration between medical evidence and oral testimony.
Final Decision: The court allowed the appeal and directed the release of the appellants, concluding that it would not be safe to convict them based on the doubtful evidence presented by the prosecution.
ORDER :
1. The present criminal appeal under Section 374(2) Cr.P.C. has been filed against the judgment and order dated 9.2.1998 passed in Session Trial No. 628 of 1994 by Shri R.S. Pandey, 1st Additional Sessions Judge, Unnao acquitting the accused Ram Bilas, Kamlesh and Surya Narain. The other five accused-appellants were convicted and sentenced under Sections 302/149 of Indian Penal Code (hereinafter referred to as IPC) to life imprisonment and fine of Rs. 2000/- and in default to pay the fine, six months of rigorous imprisonment was imposed and under Section 148 IPC the appellants were convicted to undergo one year rigorous imprisonment.
2. In short, the prosecution story as per the written report is that PW-1 Chunnu Pandey, while he was returning with his Uncle Swami Dayal (deceased/victim) from Achalgunj Block after attending the meeting of Block Development Committee to village Nibayi on bicycles then around 6 p.m. within the boundaries of village Singaha near Munnu Singh's tubewell, Madan son of Ram Bilas and Dinesh Son of Shiv Dutt having Kantas in their hands, Ram Vilas Son of Daya Shanker armed with Katta and Shiv Dutt, Son of Daya Shanker armed with Tabbal appeared from behind the shrubs and exhorted to kill them. PW-1 and Swami Dayal (deceased) left their bicycles and ran towards the village raising alarms. However, in the passage, Deshraj, son of Prahlad Singh having kanta, Shiv Prakash, Son of Kishnu armed with Kanta, Kamlesh son of Daya Shanker with Katta and Surya Narain son of Daya Shanker armed with Katta appeared from behind the tractor, which was standing in the passage and surrounded them, the accused persons with the intention to kill fired at them and chased his Uncle. In the field of Ramesh Yadav, Madan gave a blow to Swami Dayal with Kanta, Dinesh and Shiv Dutt also started hitting his Uncle with Kanta and tabbal as a result thereof, he fell down and PW-1 somehow saved his skin and ran towards the village while raising alarm. Thereafter, Munnu, son of Ganga Shanker and Dhunni, Barjor and other villagers came, then the accused persons left the place and ran away. It has also been alleged that the accused Deshraj has also sustained injuries. There is a mention in the report that nephew of PW-1 abducted the daughter of accused Ram Vilas in the year 1986 and there is enmity relating to village Pradhan election. Lastly, it has been said that the dead body of the deceased Uncle of PW-1 namely Swami Dayal was lying in the field of Ramesh Yadav.
3. Out of eight, five accused persons have filed this appeal namely Madan-appellant No. 1, Dinesh-appellant No. 2, Shiv Dutt-appellant No. 3, Shiv Prakash-appellant 4 and Deshraj-appellant No. 5. Madan Son of Ram Vilas has been assigned the role of Kanta in his hand, Dinesh Son of Shiv Dutt again Kanta, Shiv Dutt was armed with kanta and Deshraj, son of Prahlad Singh has been assigned the role of Katta.
4. During pendency of this appeal, Deshraj i.e. appellant No. 5 died as such the appeal against appellant No. 5 stood abated on 12.12.2018.
5. A written report was given on 9.7.1993 to Station House Officer, In-charge Bighapur, District Unnao which is (Exhibit Ka-1). On that basis an FIR under Section 302 IPC read with Sections 147, 148, 149 IPC was lodged at Police Station Bighapur, District Unnao which was registered as Case Crime No. 80 of 1993. The time and date of the incident has been alleged to be on 9.7.1993 at around 6 p.m. The distance between the Police Station and place of incident has been mentioned in the First Information Report as 16 kms. Consequent to the lodging of the First Information Report the inquest report Exhibit Ka-3 was prepared and dead body was sent for post mortem examination. The post Mortem was conducted on 10.7.1993 at 3:00 p.m. by Dr. A.K. Nigam PW-3. The autopsy surgeon found following ante mortem injuries on the person of deceased Swami Dayal which is (Exhibit ka-2).
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