TMI Blog1988 (8) TMI 411X X X X Extracts X X X X X X X X Extracts X X X X ..... 3 Cr.P.C. We must really appreciate the proper and prompt investigation made in this case. We have given our anxious consideration to all material facts and circumstances of the case. It seems to us, that the decision of the High Court cannot be supported. - Appeal No. 671-672 of 1980. - - - Dated:- 26-8-1988 - OZA, G.L. AND SHETTY, K.J., JJ. For the Appellant : A.N. Mulla, Yogeswar Prasad, Mrs. Sarla Chand, Girish Chand, Ms. Rachna Joshi and D. Bhandari Advocate (N.P.) For the Respondent : Frank Anthony. J.K. Das, J.R. Das and S.K. Patri JUDGMENT JAGANNATHA SHETTY, J. The State of U.P. and the informant have preferred these appeals with special leave, challenging the order of acquittal recorded by the Allahabad High Court in Criminal Appeal No. 2340 of 1978. Anil Singh, the common respondent in the appeals was tried for the murder of Keshav Kumar (`K-K') by the Court of Session (Non- Metropolitan area), Kanpur. He was convicted and sentenced to imprisonment for life. But on appeal, he was acquitted by the High Court. The prosecution story of the occurrence may be stated at some length. The respondent-accused and KK were almost of equal age. They are f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation. Kaushal Chand Tripathi Sub-Inspector was then incharge of the Police Station. He was present when the report was lodged. He got the case registered. He immediately went to the scene of occurrence. He also visited the house of the deceased. He found the dead body lying on a bench. He conducted the inquest proceedings. Ex. Ka. 1 is the inquest report. He sent the dead body with Constables Aley Hasan and Trijugi Narain for post-mortem. Thereafter he recorded statements of persons. He examined witnesses including Chottey Lal (PW 2). In the course of interrogation of persons, he came across a boy called Raju. He took his statement who has been later examined as PW 3 in the case. On the following morning at 5.45 a.m., the Investigating Officer again went to the scene of occurrence. He prepared a sketch map Ex. ka. 13. He found blood stains on the furniture lying in the varandah of Dr. Diwedi's shop. He got removed two pieces of a bench (Ex. 3 4) and one piece of table (Ex. 5) which were stained with blood. A memo Ex. Ka. 15 was prepared in respect thereof. Similarly, he collected blood stained and unstained earth from the Nali (Ex. 6 7). A memo Ex. Ka. 16 was also prepared i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rrence. The silence of Prahlad Kumar in this respect is clearly indicative of the fact that he had neither seen any part of the occurrence nor he had seen the assailant. Chhotey Lal (PW 2) was characterised as a chance witness. His presence at the place of occurrence was doubted with the following observations: "Another fact which is conspicuous in his statement is that he and his 2 companions left the market at the time of sun set for their village. In the middle of November the time of setting in of the sun is about 5.30 p.m. There is dusk for about 45 minutes. Thus it appears that these three persons left the market if not at about 5.30 p.m., then alteast at about 5. 15 p.m. They could easily cover distance of 2 miles in an hour's time. Therefore, by 7.15 p.m. they could have easily reached their village. In this circumstance it does not stand to reason that they left the market at 7.30 or 7.45 p.m. From this aspect of the matter the version given by Chhotey Lal about his presence at the time of occurrence is not fee from doubt." The testimony of Raju (PW 3) was rejected by stating that he was a child witness. that he did not figure in the FIR as an eye-witness, and his ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the public in the investigation of crimes. The public are generally reluctant to come forward to depose before the Court. It is, therefore, not correct to reject the prosecution version only on the ground that all witnesses to the occurrence have not been examined. Nor it is proper to reject the case for want of corroboration by independent witnesses if the case made out is otherwise true and acceptable. With regard to falsehood stated or embellishments added by the prosecution witnesses, it is well to remember that there is a tendency amongst witnesses in our country to back up a good case by false or exaggerated version. The Privy Council had an occasion to observe this. In Bankim Chander v. Matangini, 24 C.W.N. 626 PC, the Privy Council had this to say (at 628): "That in Indian litigation it is not safe to assume that a case must be false if some of the evidence in support of it appears to be doubtful or is clearly unture, since there is, on some occasions, a tendency amongst litigants to back up a good case by false or exaggerated evidence." In Abdul Gani v. State of Madya Pradesh AIR 1954 SC 31 Mahajan, J., speaking for this Court deprecated the tendency of courts to take an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... olice Station, the Panchayatnama (Ex. Ka. 7) to which Ramesh Chandra Duty(DW 1) has admittedly appended his signature shows that the reporting time of the crime was 9.15 p.m. DW 1 accompanied Prahlad Kumar to Police Station to lodge the report though he later defected to the defence. He is a political figure and social worker. Highly qualified too. He would not have signed the Panchayatnama if the statement therein were not true and correct. Equally there cannot be any dispute about the place of commission of crime. It was committed in front of Dr. Diwedi's shop. Portions of the blood stained furniture have been collected from the place (Ex. Ka. 15 14). It has been proved by the evidence of the Investigating Officer (PW 7). His evidence remains unchallenged. If we critically examine the evidence of PW 1 there is nothing to doubt the correctness of the version given by him. He was one of the persons who organised the programme. His presence at the place was therefore quite natural. He has testified to the presence of KK going with the accused at the Bal- Mela. It is an evidence of the last seen together. It is an important piece of evidence. PW 1 could not be disbelieved on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ite unreasonable to hold that PW 1 could not have seen the assault on KK. It was, however, urged that there was no light in front of the shop of Dr. Diwedi and PW 1 or other witnesses could not have identified the accused. Shiv Prasad Mishra (DW 4) has been produced to testify that the street mercury light was not burning on that day. We may accept the evidence of DW 4, but we cannot accept that there was no lighting arrangement at the public function. The Sub-Divisional Magistrate and Tehsildar were present at the function. Bal Mela commencing at 7.00 PM and cultural programme at 8.00 PM could not have been arranged in darkness. Theprosecution witnesss have stated that apart from the lighting arrangement at the function, there was an electric light in front of the shop of Dr. Diwedi. It is also on record that there was another light near the Khazanchi hotel. Quite natural the area must have been well-lit for the function. That apart, the accused was not a stranger to the place. He was at any rate familiar to PW 1'and his family members. There was, therefore, no scope for any mistaken identity of the accused. The reason given by the High Court for disbelieving the evidence of C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut out of fear he ran from that place. His house is situated at a distance of about 100 yards from the Mela ground. To cover that distance one cannot take much time. Nor it is necessary to give any sufficient cause for his presence at the place. One should bring to bear the knowledge and experience of life. Since he was a student of the Normal School, his presence at the place was natural. His name might not have been mentioned in the FIR, but that is understandable. PW 1 might not have remembered him or noticed him. He was in a hurry to rush to the spot to save his brother. The Investigation Officer has deposed that when he started interogating witnesses at the spot, he came across Raju who said that he had seen the incident. His statement was immediately recorded. In the Court, Raju has been cross examined at the great length. But nothing substantial has been elicited to shake his credibility. What is significant to note in this context is the attempt of th father (DW3) to destroy the credibility of the son. His father as a defence witness has stated that after the Mela they had returned to house at about 6.30PM and thereafter they did not go out of the house for the Whole nigh ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
