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TMI Blog1988 (8) TMI 411X X X X Extracts X X X X X X X X Extracts X X X X ..... used to indulge in criminal activities. His father sent him to his maternal grandfather's house at Faizabad for being better taken care of. But he used to visit often his native place i.e. Pukhrayan, where KK was residing. The accused was in the habit of demanding money from KK. At the time of Diwali festival of the year -i977, the accused asked KK to pay Rs.2,500. He wanted to purchase a revolver. It is alleged that he even threatened KK that he would be killed if the amount was not paid by November 14, 1977. November 14, is a rejoicing day for children. It is a birth day anniversary of Pt. Jawahar Lal Nehru who was the first Prime Minister of this Country. The children all over called him and still remember him as "Cha Cha Nehru". Every year his birth day is celebrated as "Children Day" throughout the country. On that 14 November 1977, local Jaycees Club arranged Bal-mela and cultural programme. It was arranged in the Normal School compound `with sweet-meet and chat-shops. Bal-Mela went on till 7 p.m. The cultural programme was to commence at 8 p.m. In between KK was murdered. It is said that the accused and KK came to Bal-Mela. From there the accused went along with KK to a nea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irected his officers to search and arrest the accused. But accused was not traceable in the town. The proceedings were initiated under s. 82/83 Criminal Procedure Code. On 17 November 1977, he obtained warrant of arrest (Ex. Ka. 17). The Sub-Inspector Sital Prasad was deputed to execute the warrant. On 21 November 1977 proclamation and warrant of attachment (Ex. Ka. 18 & Ka. 19) were obtained and executed properly. The property of accused was attached under Memo Ex. Ka. 20. It was only thereafter the accused appeared in the Police Station Kotwali. On 26 November 1977 he was arrested at Kotwali. Before the trial court, the prosecution in support of the case examined Prahlad Kumar (PW 1), Chhotey Lal (PW 2) and Raju (PW 3) as eye-witnesses to the occurrence. Rest of the evidence of prosecution is more or less formal. On the other side, Ramesh Chander Dube (DW 1), Karan Singh (DW 2), Balak Das (DW 3) and Shri Prasad (DW 4) were examined as defence witnesses. The trial Court upon consideration of all the material on record accepted the case made out by the prosecution. The trial Court convicted the accused for the murder of KK and sentenced him to imprisonment for life. The High Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er had told him to come up early and that on account of fear of being beaten by his brother he left the chabutara and proceeded towards his house. It will be noticed that he had left the Mela area with his Thela at about 7.30 p.m. It is thereafter that he again returned to the Mela area he took 10-15 minutes in shifting the chairs from the place of his shop to the dais of the drama. It is evident that just 15 minutes later he left the Mela area. Assuming for a moment that his brother had told him to come early it did not mean that he would return to the house within less than half an hour. Moreover, he did not tell the Investigating Officer that he left the Mela so soon on account of fear of his brother. We are, therefore, of the opinion that Raju has not given a reasonable explanation of his leaving the Mela area within about 15 minutes of his keeping the chairs near the place of drama. Therefore, his presence at the time of assault cannot be believed." With these and other conclusions, the High Court discarded the prosecution case. Hence these appeals. The scope of appeals under Article 136 of the Constitution is undisputedly very much limited. This Court does not exercise its ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urt should make an effort to disengage the truth from falsehood and to sift the grain from the chaff. It is also our experience that invariably the witnesses add embroidery to prosecution story, perhaps for the fear of being disbelieved. But that is no ground to throw the case overboard, if true, in the main. If there is a ring of truth in the main, the case should not be rejected. It is the duty of the Court to cull out the nuggets of truth from the evidence unless there is reason to believe that the inconsistencies or falsehood are so glaring as utterly to destroy confidence in the witnesses. It is necessary to remember that a Judge does not preside over a criminal trial merely to see that no innocent man is punished. A Judge also presides to see that a guilty man does not escape. One is as important as the other. Both are public duties which the Judge has to perform. In the instant case, the trial judge and the High Court have accepted the fact that the report to Police was lodged by Prahlad Kumar (PW 1) at 9.15 p.m. That means that the report disclosing the name of accused did reach the Police Station immediately after the murder. This is a positive finding in favour of prose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d on the ground that he did not seek the assistance of the said officers to secure the police help. It is unthinkable that the Sub-Divisional Magistrate and Tehsildar were not kept informed about the assailant. The crime was committed at a public place crowed by persons. They had assembled there to witness the cultural programme. The Sub-Divisional Magistrate cancelled the cultural programme because of commission of the crime. The people would have naturally asked why the programme was cancelled? Who murdered whom and why? It is a natural human tendency in such situations. The news of the murder must have spread like a wild fire. The name of accused must have been known to everybody gathered there. It is unfortunate that the High Court overlooked these circumstances. The other reason given by the High Court to discard the evidence of PW 1 is that he did not disclose the name of person who first informed him about the murderous attack on KK. This reasoning of the High Court apparently reveals a lack of experience of man and matters. There was a big gathering at the Normal School Compound. The people were waiting to see the cultural programme. It was to commence at 8.00 PM. The time ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... own. It will be seen from his evidence that he along with Baijnath and Manuwa maharaj-all residents of the same village had gone to the town for their requirements. PW 2 wanted iron nails, Manuwa required vegetables and Baijnath had to purchase iron rods. After purchasing the respective goods, they proceeded toward their village. When they reached the tehsil, they came across 3- 4-5 boys who told them that there was Bal Mela and cultural programme in the Normal School. It was natural for them to stay on to see the cultural programme. They came to their grain dealer. They kept their articles at his place and after some time they started towards the Normal School at about 7.30 or 7.45 PM. When they were approaching the Khazanchi hotel, they saw the accused assaulting KK. The evidence of PW 2 receives corroboration from PW 1. He figures as an eye-witness in the FIR. He cannot, therefore be categoried as a chance witness. The accused tried to give negative evidence to show that the market in Pukhrayan town to every Monday was closed and, therefore, the presence of PW 2 was not probable. PW 2 has admitted that the market used to remain 'closed on every Monday, but the general merchandi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... estimony of DW 3 that he alongwith his son remained in the house after 6.30 PM and slept at about 8.30 PM is unworthy of belief since their house is admittedly at a close distance from the Normal School Compound. This observation of the trial court is not unjustified. The post crime conduct of the accused cannot also be lost sight of. The plea of alibi has not been pursued. It has been proved that the accused was not available in the town after the occurrence till 34 November 1977. It is on record that the accused could not be traced and proceedings under sec. 82/83 Cr. Penal Code were initiated. The warrant of arrest issued against the accused returned unserved. There-after proclamation was made and his property was attached. That was on 23 November 1977. He appeared on the next day in the Police Station Kotwali. That has been proved by the general diary entry (Ex.Ka. 22) of the said Police Station. It may be noted that the investigation in this case was conducted without loss of time. Since the murder was committed at a public place where the Sub-Divisional magistrate and Tehsildar were present, the Investigating Officer must have been keen to arrest the accused immediately. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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