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It cannot be used for corroboration of a prosecution or defence witness or even a court witness, nor can it be used contradicting a defence or a court witness. Ratio |
The investigating officer is enjoined to forward the inquest report to the Magistrate alongwith the statement recorded at the inquest, so that the court would see the record, at the earliest of the circumstances leading to the cause of the death of the deceased and the witness examined during the inquest. Ratio |
Therefore, the statement of PW 3 record during inquest is not evidence. Ratio |
It is a previous statement reduced to writing under s.162 of the Code and enclosed to the inquest report and cannot be used by the prosecution for any purpose including to show the names of the accused except to contradict the maker thereof, or to explain the same by prosecution. Ratio |
271 It is true that DW 1 had stated and was not effectively cross examined that PW 3 was brought by the police in a jeep alongwith the Panch. Ratio |
But he was examined at the inquest is evident from the record. Ratio |
PW 3 was present at 9.00 p.m. at the time of vending liquor on credit to A 1 and A 3 and the quarrel. Ratio |
PW 4 stated that PW 3 and himself slept together on the terrace. Ratio |
He was examined at the inquest is corroborated by doctor 's evidence that statement of PW 3 recorded under s.162 was enclosed to the inquest reports and sent to PW 2, the Doctor alongwith the dead bodies. Ratio |
There is ring of truth in the evidence of PW 3. Ratio |
During curfew, in the night he would not have under taken to go to Madhok at a distance of 23 km. Ratio |
The attending circumstances for coming to the scene of offence appear to be natural and probable in the ordinary course of human conduct. Ratio |
Having seen that four of his companions were done to death, the instinct of self preservation and the grip of fear would have made him not to stir out from the school and mustered courage only when the police and the military people arrived at the scene at noon. Ratio |
Thus he came to be examined at the earliest at inquest whereat he disclosed the names and the participation of the appellants. Ratio |
Thus the evidence of PW 3 would lend to corroborate PW 4 's evidence. Ratio |
In addition there is a strong circumstantial evidence against A 1 and A 3. Ratio |
On his arrest on June 15, 1984, M/0/11, rifle was recovered from A 1. Ratio |
As per exhibit P 17 licence, it belongs to him, the ballistic report exhibit P 20 establishes that the empty cartridges exhibit M.1 to M.7 were discharged from the bore of M/0/11. Ratio |
This evidence clearly established that M/0/11 was used by A 1 in the crime. Ratio |
In his examination under s.313, no explanation was given as to how M/0/11 rifle could go out from his custody for being used, in committing the crime by third parties. Ratio |
From its recovery from the person of A 1, it is clear that it continued to remain in his custody from the time of user in the crime till it was recovered from him. Ratio |
These circumstances coupled with oral evidence of PW 4 and PW 3 clearly establish the complicity of A 1 in committing the offences of murder of D 1 to D 4. Ratio |
As equally A 3 accompanied A 1 to the liquor shop and had quarrel. Ratio |
When A 1 and A 3 left the shop in anger, it is clear that they left the shop in a huff smarting from humiliation at the hands of the contractor from out side the state and their staff. Ratio |
To avenge the humiliation heaped upon them, they animated to finish the prosecution party. Ratio |
Obviously they chose past mid night to be sure that all would be asleep and no evidence of their crime would be available. Ratio |
Thus they have strong motive to kill the deceased and to make murderous attack on PW 4. Ratio |
Moreover gandasa was recovered pursuant to A 3 's statement under s.27 of 272 Evidence Act leading to its discovery and it contained human blood though blood group could not be detected due to disintegration. Ratio |
The two incised injuries each on the persons of D 3 and D 4 as corroborated by medical evidence clearly establishes the participation of A 3 in attacking the deceased. Ratio |
He accompanied A 1 at dead of night to the liquor shop and killed D 1 to D 4 and attempted to kill PW 4. Ratio |
Thus he shared with A 1 the common intention to kill the deceased D 1 to D 4 and attempt to kill PW 4. Ratio |
The production of the credit chit kept on the table in the shop would have lent corroboration to the prosecution case of the sale of liquor to A 1 and A 3 on credit. Ratio |
It is not the prosecution case that it was signed by either of the accused. Ratio |
It is now in evidence that it was burnt out also with the shop, though no definite evidence for cause of burning is on record, except vague suggestions but denied by the prosecution witnesses that the terrosists committed the arson and killings. Ratio |
From a totality of facts and circumstances it cannot be concluded that terrorists committed the offence. Ratio |
As regards A 2 we have grave doubt of his participation in the crime. Ratio |
Admittedly, he had no motive to kill any of the deceased or to attack PW 4. Ratio |
He did not come at 9.00 p.m. on June 4, 1984 to the liquor shop for drinking. Ratio |
There is no recovery of gandasa from him, though he was arrested alongwith A 1 and A 3. Ratio |
The doubt whether A 2 was likely to be a participant in the commission of this grave crime of four deaths has not been removed from our minds. Ratio |
It is undoubtedly true that PW 4 had stated that A 2 attacked him with the gandasa but when he was attacked while he was fleeing for life the possibility of mistaken identity of A 2 to A 3 cannot be ruled out. Ratio |
We make it clear that we are not doubting the veracity of PW 4. Ratio |
In these circumstances A 2 is entitled to the benefit. Ratio |
Accordingly, we hold that A 1 and A 3 have shared common intention, they had motive to kill the deceased. Ratio |
They came together, killed the sleeping innocent four persons D 1 to D 4 and also attempted to kill PW 4. Ratio |
Accordingly, we hold that A 1 committed the offence of murder of D 1 and D 2 punishable under s.302; D 3 and D 4 's under s.302 read with s.34 I.P.C. and attempt of murder of PW 4 punishable under s.307 read with s.34, I.P.C. A 3 shared the common intention with A 1 and also committed the said offences under s.302 read... |
The sentences were directed to run concurrently. Ratio |
273 On finding that the accused committed the charged offences, s.235(2) of the Code empowers the Judge that he shall pass sentence on him according to law on hearing him. Ratio |
Hearing contemplated is not confined merely to oral hearing but also intended to afford an opportunity to the prosecution as well as the accused to place before the Court facts and material relating to various factors on the question of sentence and if interested by either side to have evidence adduced to show mitigati... |
Therefore, sufficient time must be given to the accused or the prosecution on the question of sentence, to show the grounds on which the prosecution may plead or the accused may show that the maximum sentence of death may be the appropriate sentence or the minimum sentence of life imprisonment may be awarded, as the ca... |
No doubt the accused declined to adduce oral evidence. Ratio |
But it does not prevent to show the grounds to impose lesser sentence on A 1. Ratio |
This Court in the aforestated Alluddin and Anguswamy 's cases held that the sentence awarded on the same day of finding guilt is not in accordance with the law. Ratio |
That would normally have the effect of remanding the case to the Special Court for reconsideration. Ratio |
But in the view of the fact that A 1 was in incarceration for long term of six years from the date of conviction, in our considered view it needs no remand for further evidence. Ratio |
It is sufficient that the sentence of death awarded to A 1 is converted into rigorous imprisonment for life. Ratio |
The sentences of death is accordingly modified and A 1 is sentenced to undergo rigorous imprisonment for life for causing the deaths of all four deceased. RPC |
The conviction of A 1 for attempt to murder PW 4 and sentence of five years ' rigorous imprisonment is also upheld and all the sentences would run concurrently. Ratio |
A 2 is acquitted of all charges. RPC |
The bail bonds are cancelled. RPC |
He shall be set at liberty unless he is required in any other case. RPC |
The appeal is allowed only to the above extent. RPC |
V.P.R. Appeal Partly allowed. RPC |
iminal Appeal No.413 of 1982. FAC |
From the JUdgment and Order dated 12.1.1982 of the Madhya Pradesh High Court in Criminal Appeal No. 7 of 1979. FAC |
U.R. Lalit, Prithvi Raj, S.S. Khanduja, J.P. Dubey, Y.P. Dhingra, B.K. Satija, Uma Nath Singh, section Karnail and S.K. Gambhir for the appearing parties. FAC |
The Judgment of the Court was delivered by AHMADI, J. FAC |
This appeal by special leave is preferred by the appellant Khujji @ Surender Tiwari who has been convicted by both the courts below under section 302 IPC for the murder of one Gulab. FAC |
The facts leading to this appeal, briefly stated, are that on the evening of May 20,1978 the deceased Gulab and his companion PW4 Ramesh Chander hired a Rickshaw to go to the dispensary of Dr. Mukherjee. FAC |
PW 3 Kishan Lal pulled the Rickshaw and while he was passing 8 through Suji Mohalla near Panchsheel Talkies the appellant and his companions surrounded the Rickshaw and launched an attack on the deceased and his companion. FAC |
PW 4 was the first to receive an injury by a cycle chain. FAC |
Sensing trouble both Gulab and PW 4 jumped out of the Rickshaw and ran in differ ent directions. FAC |
Gulab ran towards Suji Mohalla whereas PW 4 ran towards Panchsheel Talkies. FAC |
They were chased by the assailants who formed themselves into two groups. FAC |
PW 4 was fortunate enough to escape with not too serious an injury but his companion Gulab received stab wounds to which he succumbed on the spot. FAC |
The evidence of PW 12 Dr. Nagpal shows that the deceased had received three injuries, namely, (i) a penetrating stab wound with a second injury on the intercostal space on right side rib of the size of 3 cms x 5cms x Icm, (ii) a piercing stab wound 8cms below the scapu lar bone and 8cms outside the vertibral column of ... |
This witness, who performed the post mortem, deposed that injury No.1 which had injured the heart was sufficient in the ordinary course of nature to cause death. FAC |
He further stated that all the three injuries were collectively sufficient to cause death in ordinary course of nature. FAC |
The three articles, namely, the knife, the Chhuri and the Chhura which were attached in the course of investigation were shown to this witness and he stated that the three injuries were possible by the aforesaid articles. FAC |
It is clear from this evidence that Gulab died a homicidal death. FAC |
To bring home the guilt against the appellant the prose cution placed reliance on the evidence of three eye witness es, namely, PW 1 Komal Chand (an on looker), PW 3 Kishan Lal (the Rickshaw Puller) and PW 4 Ramesh (the companion of the deceased) besides the find of human blood on the weapon discovered at the instance ... |
The First Information Report, Exh.P 3, was lodged by PW 4 Ramesh immediately after the incident and the same was recorded by the Investigating Officer PW 13 Ramji Singh at about 9.15 p.m. FAC |
In the said first information report PW 4 gave the details regarding the incident and furnished the names of all the six assailants. FAC |
Soon after the first infor mation report was lodged the Investigating Officer visited the scene of occurrence and drew up the Panchnama on the basis of which a sketch plan Exh.P 20A was prepared in due course. FAC |
The appellant and some of his companions could not be traced till May 22, 1978. FAC |
After they were traced, they were interrogated and on their expressing 9 willingness to discover the weapons used in the commission of the crime, the Investigating Officer summoned two wit nesses, namely, PW 5 Panna Lal and Rajinder to act as Panch witnesses. FAC |
The prosecution case is that in the presence of these witnesses the appellant and his companions made cer tain confessional statements under section 27 of Evidence Act which led to the discovery of the weapons used in the commission of the crime. FAC |
According to the prosecution the appellant Khujji discovered a Chhura (knife) from his garage and the same was attached under the Panchnama Exh. FAC |
Since this weapon had bloodlike stains, it was sent to the Chemical Analyser and Serologist for examination and report. FAC |
The report indicates that it was stained with human blood but the blood group could not be determined. FAC |
The other two companions of the appellant, namely, Parsu and Guddu, also discovered a knife, Exh.[P 7, and a Chhura, Exh.P 13, which were attached under Panchnamas Exh] P 6 and P 12, respec tively. FAC |
As stated earlier the shirt and pant of Khujji were also attached as blood like stains were noticed thereon. FAC |
Both these articles were sent to the Chemical Analyser and Serologist. FAC |
So far as the shirt is concerned, since the blood stains were disintegrated it was not possible to determine the origin thereof. FAC |
But so far as the pant is concerned, the report states that the stains were of human blood but the blood group could not be determined as the result of the test was inconclusive. FAC |
On the basis of the first information report, the statements of three witnesses recorded in the course of investigation as well as the evidence regarding discovery and the find of human blood on the incriminating articles, the appellant and five others were charge sheeted for the murder of Gulab. FAC |
The trial court acquitted all except the appellant. FAC |
Before the trial court PW 4 Ramesh, who had lodged the first information report, tried to disown it. FAC |
He was declared hostile as he expressed his inability to identify the accused persons as the assail ants of the deceased Gulab. FAC |
PW 3, the Rickshaw Puller, while narrating the incident expressed a similar inability and he too was treated as hostile and cross examined by the Public Prosecutor. FAC |
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