Sections 147, 302 read with Section 149 IPC.- the time and occurrence was between 8 to 9 pm, the night was dark, -the accused were strangers to the witnesses and no test identification was conducted during the investigation.-the accused persons were not in the front of the tractor or in the light of the tractor-The informant PW3 Lalaram turned hostile and could not identify the assailants-PW4 Ramkaran. His behaviour in leaving the place of occurrence and not reporting the matter to any one is extremely unnatural.- as to how "one child" who was on the tractor, has after investigation been found to be none other than PW5 Ramratan, aged about 22 years and a stout person. - High court rightly acquitted the accused nothing to interfere - 2015 S.C. MSKLAWREPROTS




 PW3 Lalaram at 11.30 pm  on
21.05.1982 that at about 8.30 pm while  returning  from  his  field  he  had
stayed at piao of Padmaji for having water and  smoke.  
That  time  he  saw
Bhagirath, resident of Tausar ploughing his field with a tractor  driven  by
PW4 Ramkaran.
 He also saw "one child" sitting on the  tractor,  whose  name
he did not know.
 While so sitting at piao  he  saw  that  the  respondents-
accused and one more person armed with lathis  and  kassies  had  formed  an
unlawful  assembly  and  entered  into  the  field  of  Bhagirath.
 As  per
reporting, he was able to identify them all in the light of the tractor  and
he had seen accused-respondent  Manglaram  stopping  the  tractor  whereupon
Bhagirath came down from the tractor.
Accused  Sampat  Ram  then  allegedly
inflicted a kassi blow on the head of Bhagirath  who  fell  down.   Treating
him to be dead all the accused ran away.  PW3  Lalaram  went  to  the  spot,
remained there for about an hour and since nobody appeared he left the  dead
body of Bhagirath there itself.

The  informant  PW3
Lalaram  turned  hostile  and  could  not  identify  the  assailants.    PW4
Ramkaran, driver of the tractor could identify all the  accused  and  stated
that respondent Sampat Ram had dealt kassi blow on  the  head  of  Bhagirath
while the others with their lathis had  given  blows  to  him.   He  further
stated that immediately  after  the  incident  he  had  left  the  place  of
occurrence with his tractor to his house.  The person who  was  referred  to
as "one child" in the initial reporting, according to  the  prosecution  was
PW5 Ramratan.   As a matter of fact, PW5 Ramratan was aged  about  22  years
and a stout person.  He could identify  only  one  accused  i.e.  respondent
Sampat Ram, who allegedly was carrying a kassi and had given a blow  on  the
head of Bhagirath.
The High Court observed that the time and occurrence was between 8  to
9 pm, the night was dark, the accused were strangers to  the  witnesses  and
no test identification was  conducted  during  the  investigation.   It  was
further observed that according to PW4 Ramkaran, the  accused  persons  were
not in the front of the tractor  or  in  the  light  of  the  tractor.   His
behaviour in leaving the place of occurrence and not  reporting  the  matter
to anyone was found to be against normal human behaviour.   As  regards  PW5
Ramratan who was a total stranger and  whose  very  presence  was  doubtful,
material contradictions were also found in his statement.   On  the  overall
analysis of the matter the prosecution witnesses  who  claimed  to  be  eye-
witnesses were found to be unreliable and untrustworthy by the  High  Court.
The High Court, thus, allowed the  appeal  and  acquitted  the  respondents-
accused of all the charges.

We have gone though the record and considered the  rival  submissions.
PW3 Lalaram, having turned hostile, the  matter  completely  hinges  on  the
testimony  of  PW4  Ramkaran.   His  behaviour  in  leaving  the  place   of
occurrence and not reporting the matter to any one is  extremely  unnatural.
The incident having  occurred  in  the  darkness  and  as  accepted  by  PW4
Ramkaran it was not in front of the tractor, the chance and opportunity  for
him to have sufficiently identified the assailants is also doubtful.   There
is nothing on record as to how "one child"  who  was  on  the  tractor,  has
after investigation been found to be none  other  than  PW5  Ramratan,  aged
about 22 years and a stout person.-2015 S.C. MSKLAWREPROTS

Popular posts from this blog

Writ - praying to declare that explanation to Section 6 of the amendment Act of 39 of 2005, Explanation: for the purpose of this Section partition means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 (16 of 1908) or partition effected by a decree of a court as unconstitutional and the same is liable to be struck down and etc; -2015 KAR(2015) msklawreports

"(i) Whether  Section 6  of the Hindu Succession Act, 1956, as amended by the Amendment Act , 2005 is prospective or retrospective in operation? (ii) Whether  Section 6  of the Hindu Succession Act, 1956 as amended by the Amendment Act , 2005 applies to daughters born prior to 17.6.1956? (iii) Whether  Section 6  of the Hindu Succession Act, 1956 as amended by the Amendment Act , 2005 applies to daughters born after 17.6.1956 and prior to 9.9.2005? (iv) Whether  Section 6  of the Hindu Succession Act, 1956 as amended by the Amendment Act , 2005 applies only to daughters born after 9.9.2005? (v) Whether the decision of the Division Bench in the case of Vaishali Ganorkar is per in curium of Gandori Koteshwaramma and others?"   In addressing an argument that the Explanation to  Section 6  clearly provides that partition means any partition made by execution of a deed duly registered under the  Registration Act , 1908...
Read more

Or.39, rule 7 of C.P.C - Petition for preservation of properties belongs to the petitioner - as the Govt. is going to demolish the building in road widening scheme - Or.39, rule 1 made absolute against the petitioner infavour of the respondent - Trial court allowed the Petition wrongly - their lordships held that In a suit for injunction, though the question of possession as on the date of filing of the suit is most relevant, there may be other ancillary and incidental questions as to the conduct of the parties before the Court. The concept of possession in law should take in its spectrum all rights, liabilities, immunities and claims vis-`-vis the property which is said to be in possession. When the Court recorded a prima facie finding that Gayatri bai is in possession, she was also in law entitled to take advantage of that presumption. Unless the defendant properly pleads and proves at the earliest stage regarding any such movables or immovables attached to the immovable property, no defendant can be heard of saying that his belongings were lying in the disputed property. - 2015 A.P.(2001) MSKLAWREPORTS

<CIVIL PROCEDURE CODE - - Or.39 Rr.1 and 2 - - Or.39 R.7 - - Suit for possession - - Interim injuction granted was made absolute - - Later on defendant filed a petition to remove and keep in safe custody certain movables laying in the disputed premises alleging that those belong to him and may get spoiled in case of demolition of the building for road widening - - Lower Court ordered handing over such articles after preparing necessary list to the respondent/defendant.         Scope and ambit  of Or.39 R.7 and when the power thereunder to be exercised - - Laid down. >HELD:         Order 39 Rule 7 CPC empowers the Court to make an order for detention, preservation and inspection of any property which is the subject matter of the suit or as to which any question may arise in the suit.  The submission that the power under Rule 7 can be exercised only in respect of the subject matter is therefore not well founded. The...
Read more

Cancellation of Bail with out completing the investigation by police about threat on defacto complainant , is a premature one - - 2015 TELANGANA & AP.MSKLAWREPORTS

the allegation of defacto complainant is that some unknown persons on behalf of the accused,  even though they were in judicial custody, started threatening him with dire consequences if he does not come forward to compromise with them  in the case and in view of such threat he lodged report and consequently Cr.No.705 of 2014 was registered under Sections 506 and 507 IPC. Apart from it, the complainant also narrated that some of the accused were involved in other cases and rowdy sheet was opened against A1. The lower Court cancelled the bail taking the above allegations into consideration. It must be noted that the threat allegations are under investigation and the persons who allegedly threatened the defacto complainant and the connection of accused with them if any has to be found out only after through investigation by the concerned police.  However, before that exercise being completed, the lower Court came to a premature conclusion about the correctness of the...
Read more