Criminal Appeal No – 527 of 1985
Allahabad High Court
Bench: Hon’ble Sudhir Agarwal J., Hon’ble Rajeev Misra J.
Date of judgment: 23 April 2020
Relevant Acts/Sections:
- Section 24 of IPC (“Dishonestly”.—Whoever does anything with the intention of causing )
- Section 302 of IPC (Punishment for murder)
- Section 324 of IPC (Voluntarily causing hurt by dangerous weapons or means)
- Section 34 of IPC (Acts done by several persons in furtherance)
- Section 404 of IPC (Dishonest misappropriation of property possessed by deceased person)
- Section 374 of Cr P C (Unlawful compulsory labor)
Backstory
On 29.12.1982 at about noon, A written complaint was presented before Station Incharge, P.S. Sonha, District Basti by informant P.W.1 Rajendra Nath Tiwari, stating that he is resident of village Rengi under Police Station Sonia, District Basti. He along with his cousin Chandra Shekhar Tiwari had gone on the bicycle to S.D.M Sadar at Block Saltaua, District Basti to enquire about Kerosene Oil. He was being accompanied by Parmatma of his village, Ram Naresh resident of village Rudrapur and Pulloo Ram resident of village Koilsa in return. Informant’s brother Chandra Shekhar Tiwari was armed with his D.B.B.L. licensed gun and also carrying cartridge belt.
As soon as they reached the northern side of Saltauwa Market at about 4:00 pm, accused-appellant Chet Ram, on account of old enmity of litigation, exhorted other co-accused to kill him. Chet Ram who was holding a bomb in his right hand, hurled the same aiming at the head of Chandrashekhar Tiwari, as a result, whereof his left hand along with head were blown. The informant’s brother fell down on sustaining injuries. In the meantime, Ghanshyam Tiwari, Ram Karan, Adya Prasad continued firing at the brother of informant with their respective weapons. Accused appellants took away deceased’s DBBL Gun along with cartridge belt, his wristwatch of Citizen Make, new bicycle of green color, purchased about 15 days ago, and also the bag hung in the bicycle, containing papers/ documents of kerosene oil, etc.
On account of injuries sustained by Chandra Shekhar Tiwari, he died instantaneously. F.I.R. further recites that accused persons while the firing was saying that they have taken revenge for the murder of their brother and father. They held threats that anybody daring to come near them would also not be spared. Accused appellants along with aforesaid articles fled away in north-east direction. On account of fear, informant and others did not follow them or catch them. The dead body of the informant’s brother was lying on spot in the supervision of witnesses Parmatma, Ram Naresh, and Pulloo Ram.
After registering the case, Investigation was undertaken by S.I. Mahima Pratap Rao Station Officer P.S. Sonha, Basti. And prepared inquest, Photo Lash and Chalan Lash; after sealing the dead body, sent the same to Chief Medical Officer, Basti for postmortem.
Postmortem Findings
An autopsy on the dead body of deceased Chandrashekhar Tiwari was conducted by Dr. A.K. Mehrotra on 30.12.1982 at about 2:00 pm. According to an autopsy surgeon, the deceased was aged about 42 years and the duration of death was about one day old at the time of post-mortem. He was of average built; rigor mortis was present all over the body; Eyes and mouth were closed; abdomen slightly distended; greenish discoloration found present on the Iliac region. He found following ante-mortem injuries on the body of the deceased:
“(i) Gunshot wound of entry with inverted lacerated margins 0.8cm x 0.8 cm x muscle deep on the right buttock, 13 cm horizontally backward from the right greater trochanter. The wound was directed slightly downwards, inwards, and forward.
(ii) Gunshot wound of entry with inverted lacerated margins of size 0.8cm x 0.8 cm on the front of the chest, 10cm from the right nipple at 6 o’clock” position. The wound was directed inwards and backward.
(iii) Abrasion with charring 26 cm x 22 cm in front of the outer wall of the left side of the chest wall in the lower 2/3 part.
(iv) Badly lacerated wound with charred margins at places presents all over the left upper arm, 8.8 cm below the top of the left shoulder. The left humerus was fractured in pieces. A squarish metallic piece was removed from this wound. There was a corresponding size of the wound present in the proximal part of the left upper arm of the upper limb which was received separately from the body. Charring was present in this wound also.
(v) Badly lacerated wound with charring present in the left side of shoulder measuring 25 cm x 18 cm x brain cavity deep starting from the left side of the forehead and going towards occipital. The brain matter was badly coming out of the wound due to the fracture of all bones of the skull. The pars of the fractured bone pieces were missing. This would also extend up to the floor of the mouth.
(vi)Two lacerated wounds with everted margins each of the 1 cm x 0.8 cm and 0.7 cm x 0.5 cm communicating with an injury no. 5.
(vii) Lacerated wound with everted margins measuring 3 cm x 2.5 cm below injury no.5 communicating with injury no.5 on the back of right side of the skull, 4 cm right to occipital.
(viii) Multiple abrasion in an area of 7cm x 5cm with scarch marks present on the chin.”
Injuries of Babu Ram was examined by P.W. 8 Dr. L.P. Agarwal, on 29.12.1982 at 8:10 pm.
(i) Firearm wound 0.2 cm x 0.2 x muscle deep on the left hand, 2 ½ below the thumb.
(ii) Two gunshot wounds, each 0.2 cm x 0.2 cm x muscle deep on the left-hand front, 13 cm above the wrist joint.
(iii) Firearm wound 0.2 cm x 0.2 cm x muscle deep on the back of the right hand, 3cm below the little finger.
(iv) Firearm wound 0.2 cm x 0.2 cm x skin deep on the right side of the abdomen, 5cm above the umbilicus. A pellet was visible in this wound.
(v) Firearm wound 0.2 cm x 0.2 cm x muscle deep on the inner aspect of the right thigh in the upper 1/3 portion.
(vi) Gunshot wound 0.2 cm x 0.2 cm on the front aspect of right thigh, 10 cm above the knee joint.”
All these injuries in the opinion of Dr. Agarwal were simple and caused by some firearm.
- P.W. 7 Dr. G.P. Agarwal, also examined the injuries of Injured Jag Ram on 30.12.1982 at 1:50 p.m and found three gunshot wounds as under:
“(i) Gunshot wound 0.3 cm x 0.3 cm x depth not probed on the right side of the chest, 8cm above and lateral to the right nipple. There was no blackening or tattooing. A blood clot was present.
(ii) Gunshot wound 0.3 cm x 0.3 cm x depth not probed, 4.5 cm below injury no.1. The injury had clotted blood but no blackening or tattooing.
(iii) Gunshot wound 0.3 cm x 0.3 cm x depth not probed in the front of the right leg, 4.5 cm below the knee. Clotted blood was present though there was no blackening or tattooing.”
The injuries in the opinion of Dr. Agarwal were simple and caused by some firearm. He prepared an injury report Ex.Ka-6
Injured of P.W. 4 Pulloo Ram was examined by P.W.5 Dr. Sudhakar Dwivedi on 31.12.1982 at 4:40 pm. He found the following injuries on his person:
“(i) Gunshot wound 0.25 cm x 0.25 cm x muscle deep on the top of the front of the left upper arm, 6.5 cm below the lateral to the outer end of the left clavicle. The wound was suppurating and inflammation in an area of 1cm x 1 cm around, was also seen. “
Dr. Dwivdei believed that this injury was caused by some firearm and was about two days old at the time of his examination.
Injuries of Babu Ram was examined by P.W. 8 Dr. L.P. Agarwal, on 29.12.1982 at 8:10 pm. “(i) Firearm wound 0.2 cm x 0.2 x muscle deep on the left hand, 2 ½ below the thumb.
(ii) Two gunshot wounds, each 0.2 cm x 0.2 cm x muscle deep on the left-hand front, 13 cm above the wrist joint.
(iii) Firearm wound 0.2 cm x 0.2 cm x muscle deep on the back of the right hand, 3cm below the little finger.
(iv) Firearm wound 0.2 cm x 0.2 cm x skin deep on the right side of the abdomen, 5cm above the umbilicus. A pellet was visible in this wound.
(v) Firearm wound 0.2 cm x 0.2 cm x muscle deep on the inner aspect of the right thigh in the upper 1/3 portion.
(vi) Gunshot wound 0.2 cm x 0.2 cm on the front aspect of right thigh, 10 cm above the knee joint.”
All these injuries in the opinion of Dr. Agarwal were simple and caused by some firearm.
Judgment
As the result, an appeal was dismissed. Impugned judgment and order dated 17.1.1985 passed by Sri K. Narayan, Sessions Judge, Basti, in Sessions Trial No. 4 of 1984 convicting appellants, under Sections Sections 302 and 302/34 IPC was hereby confirmed/affirmed.
Appellants, Chet Ram, Ghanshyam, Ram Karan, and Adya Prasad Tiwari were on bail. Their bail bonds were canceled and the sureties are discharged. Appellants were directed to surrender forthwith before the Court concerned to serve out the sentence awarded to them by the court below.