The Allahabad High Court recently upheld the trial court's decision to convict and sentence two individuals to life imprisonment in a 41-year-old murder case. The court noted that the mere absence of weapon recovery does not undermine the prosecution's case. Justice Attau Rahman Masoodi and Justice Saroj Yadav, presiding over the case, further stated that the fact that other accused individuals involved in the crime remain unidentified does not automatically render the entire incident fabricated. The bench concluded that the eyewitnesses in the case successfully established the prosecution's case without any reasonable doubt, and there was no valid reason to question the credibility of their testimonies.
Brief Facts:
On June 17, 1982, an FIR was filed pertaining to a particular case. The complaint accused two individuals, referred to as appellants/convicts, as well as two unidentified persons. According to the complainant, who was accompanied by his deceased father and maternal brother, they were returning home from the market when suddenly, around 5:30 PM, Karuna Shankar, identified as Accused no. 1, appeared armed with a gun. Additionally, Rajkishore, known as Accused no. 2, was armed with a country-made pistol called Katta. They were accompanied by two associates, one wielding a spade (Farsa) and the other carrying an axe (Kulhari).
Appellant Rajkishore urged his companions to murder the complainant's father as a means of retribution for allegedly usurping others' lands. Consequently, the complainant, his deceased father, and cousin swiftly changed direction to escape. Simultaneously, Rajkishore discharged a round from his Katta, striking the deceased on the right side of his abdomen.
Subsequently, in a state of distress, the complainant, his father, and cousin fled while expressing their sorrow. However, Rajkishore and his companions pursued the deceased and discharged one gunshot each from their respective firearms, namely the gun and the country-made pistol they possessed. As a result, the deceased collapsed, and Rajkishore's two associates proceeded to assault him with an axe and a spade, leading to his demise. Following this horrific act, all individuals involved hastily departed from the scene.
The trial court relied on witness testimonies, including P.W. 1 Ashok Kumar (the complainant) and P.W. 2 Radhey, as well as supporting evidence. Based on this, the court concluded that the prosecution had proven its case, resulting in the appellants/convicts being found guilty under Section 302/34 of the Indian Penal Code (IPC) and sentenced to life imprisonment. Both the accused subsequently appealed the conviction in the High Court.
Observations of the Court:
After a thorough analysis of the case facts and the evidence presented by the prosecution, the Court reached the conclusion that both eyewitnesses, namely P.W. 1 and P.W. 2, provided a detailed and coherent account of the incident. Despite extensive cross-examination by the defense, no substantial evidence was presented to undermine the credibility of their statements. The Court dismissed the defense's argument, which claimed that the failure to identify and locate two unknown accused individuals, as mentioned by the complainant, undermined the veracity of the incident.
The Court also dismissed the appellants' counsel's argument that the absence of firearms, spade (Farsa), or axe (Kulhari) undermined the proof of the incident. To support this decision, the Court referred to the judgments of the Apex Court in the cases of Mekala Sivaiah Versus State of Andhra Pradesh (2022) 8 Supreme Court Cases 253 and Kalua alias Koshal Kishore Versus State of Rajasthan (2019). Additionally, the Court emphasized that it is a well-established legal principle that the testimony of a related witness cannot be disregarded solely on the basis of their relationship to the case.
Therefore, the Court affirmed that the trial court's decision to convict and sentence the accused individuals to life imprisonment was correct. As a result, the Court ordered the convicts/appellants, Karuna Shankar and Rajkishore, who are currently out on bail, to surrender themselves to the trial court within ten days in order to commence serving their respective sentences.
The decision of the Court:
The Allahabad High Court dismissed the present appeal and revoked the bail of the appellants.
Case Title: Karuna Shanker and another vs. State of U.P.
Coram: Hon’ble Justice Attau Rahman Masoodi and Justice Saroj Yadav
Case no.: CRIMINAL APPEAL No. - 267 of 1983
Advocate for the Appellant: Sri Rajesh Tiwari
Advocate for the Respondent: Ms. Smiti Sahay
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