- (1.) S. S. Kulshrestha, J. These all the appeals arise out of the common judgment and order dated 12-3-1980 passed by the Sessions Judge, Kanpur in S. T. No. 71/79 whereby convicting Sri Ganesh Singh, Sri Shrawan Kumar, Sri Patai @ Krishna Kumar and Sri Brij Kishore (who are herein the appellants) for the offences under Section 302 read with Section 34 I PC and sentencing them to undergo imprisonment for life in the aforesaid offences.
(2.) IT is said that the trial Court has not properly appreciated the evidence on record. Merely on conjecture and surmises the guilt has been established against the appellants. Presence of the eye- witness at the time of the incident is said to be doubtful and because of past enmity the appellants have been roped into this case. In order to appreciate the salient points raised by the learned Counsel for the appellants and to ascertain as to how far the prosecution could be able to establish the complicity of the appellants in the aforesaid crime, a brief resume of the facts, as would appear from the written report, may be made. Sri Prithvi Pal Singh @ Chandra Prakash Singh (son of the deceased) lodged a report at Police Station Maharajpur, District Kanpur which is at a distance of about 2 Km from Village Rooma (the place of incident) on 29-7-1977 at 5. 15 p. m. at crime No. 167/77 for the offences under Section 302 read with Section 34 IPC. It was reported by him that on 29-7-1977 he alongwith his father and one Sri Jagannath Dubey were coming back to his village from the Court of Munsif Hawali, Kanpur where his father Sri Vikramaditya Singh was in litigation with Sri Ganesh Singh and others. They caught Kanpur-Allahabad Passenger Train. This was also mentioned by him that Sri Jagannath Dubey who was accompanying his father was taking care of his agricultural land. At Rooma Halt Railway Station, they were accosted by Sri Shrawan Kumar, Sri Patai @ Krishna Kumar and Sri Brij Kishore, armed with country made pistols. Sri Ganesh Singh also got down from that train and made exhortation that it is the opportune time that Sri Vikramaditya Singh be eliminated. Appellants Sri Brij Kishore and Patai @ Krishna Kumar dragged his father beneath Peepal tree from the platform. Sri Shrawan Kumar and Sri Ganesh Singh put their country made pistols at the deceased and shot fire. He died instantaneously. On the hue and cry made by the informant and his other companions Sri Iqbal, Sri Mahendra Singh, Sri Ram Prasad Sharma and some other persons of Village Gangaganj came at the place of occurrence and witnessed the appellants running away from that place. This incident is said to have taken place at 4. 00 p. m. Report (Exhibit Ka-2) was registered at the police station by PW 8 Sri Ram Narain Singh and its reference was also made in the G. D. No. 30 at 5. 15 p. m. (Exhibit Ka-15 ). PW 2 Sri Prem Pratap Dixit, who was Constable Moharrir at the concerned police station, stated that on the basis of written report (Exhibit Ka-2) he had drawn the FIR under the instruction of Head Moharrir Sri Ram Narain Singh. Special report was also sent, the reference of which finds place in the G. D. (Exhibits Ka-16 and Ka-17 ). Investigation of this case was entrusted to S. I. Sri Girja Shankar Yadav, PW 6, who recorded the statements of Sri Prithvi Pal Singh, Sri Jagannath Dubey, PW 3 and also went with them at the place of occurrence. He prepared inquest report (Exhibit Ka-5) of the deceased and other documents such as photo dead-body (Exhibits Ka-6 to Ka-9) and site plan (Exhibit Ka-10 ). After sealing the dead-body in a cloth its Fard (exhibit Ka-17) was prepared. He also recovered three railway tickets bearing Nos. 77265, 77266 and 77267 (Exhibits 1 to 3) from the pocket of the Kurta, which the deceased was wearing and its Fard (Exhibit Ka-12) was prepared. From the place of occurrence three pallets were also found. They were also taken into custody by the investigating officer and its Fard (Exhibit Ka-5) was also prepared by him. He thereafter recorded the statements of the witnesses namely Sri Mahesh Singh, Sri Vinod Kumar, Sri Ram Bahadur and Sri Ram Shankar. Appellant Sri Shrawan Kumar was also arrested by him. Dead-body of the victim was sent for post- mortem through Constable Sri Mohd. Ishaq, who had furnished his affidavit, which was also accepted by the trial Court. Autopsy on the dead-body of the victim was conducted by Dr. R. S. Pundrik, who noted following ante-mortem injuries of the deceased Sri Vikramaditya Singh: 1. Gun shot wound 0. 8 cm x 0. 8 cm x cavity deep on left side chest wall 14 cm below left nipple, margins inverted and contused. 2. Gun shot wound of entry 2 cm x 2 cm x 8 cm on left side neck, 7 cm below left ear. Margins contused and inverted, scorching, blackening and tattooing present in an area of 8 cm. Direction to the right and slightly down-wards. 3. Gun shot wound of entry in an area 4 cm x 4 cm x abdominal cavity deep on back (left side) 14 cm below interior angle of left scapula. Direction forwards out to the right. Scorching, blackening and tattooing present in an area of 9 cm x 6 cm. Abrasion in an area of 4 cm x 3 cm on the right side back 14 cm below interior angle of right scapula. 4. Thereafter the investigation was entrusted to Sri Ram Chitwan Dubey, PW 5 who after extensive investigation submitted charge-sheet (Exhibit Ka-4) against all the four accused. Apart from these formal witnesses prosecution examined Sri Prithvi Pal Singh (PW1), the son of the deceased and who lodged the report at the police station (Exhibit Ka-3 ). It was stated by him that on 29-7-1977 he alongwith his father (deceased) and one Sri Jagannath Dubey, who is taking care of his agricultural land, went to attend the date in civil case in the Court of Munsif Hawaii, Kanpur. His father was in civil litigation with his brother Sri Ganesh Singh (appellant) and also Sri Veer Pal Singh. Both are the real uncles of the informant. After attending the Court's proceedings they all caught passenger train from Kanpur Railway Station for Chakeri Railway Station. Three tickets (Exhibits 1 to 3) were purchased by his father. They got down from the train at Rooma Halt Railway Station at about 4. 30 p. m. Hardly they could walk for 2-3 paces, they saw Sri Shrawan Kumar, Sri Patai @ Krishna Kumar and Sri Brij Kishore armed with country made pistols. His uncle Sri Ganesh Singh also got down from another compartment of the train and exhorted that this is the opportune time, let the deceased be killed. Appellants Sri Patai @ Krishna Kumar and Sri Brij Kishore caught hold the victim and dragged him to a nearby place beneath Peepal tree. There the appellants Sri Ganesh Singh and Shrawan Singh shot fire at the deceased, who fell down. In the meantime Shrawan Kumar also made another fire inflicting injuries to the deceased. On screech of the witnesses Sri Iqbal (PW 4), Sri Mahendra Singh and Sri Ram Prasad Sharma came at the spot. In the meantime the train also moved. After seeing the witnesses the accused ran away. It was clarified by PW 1 Sri Prithvi Pal Singh that there was an old enmity in between him (one side) and his uncle Sri Ganesh Singh and Sri Veer Pal Singh (other side ). About a year back fire was shot at him so as to kill him. It is also said that the dispute in the Court of Munsif Hawali, Kanpur was with regard to the cultivatory rights in respect of agricultural land.
(3.) PW 3 Sri Jagannath Dubey, who was accompanying the deceased on that fateful day and was said to be taking care of his agricultural land, was also examined by the prosecution. It was stated by him that there was litigation in the Court of Munsif Hawali, Kanpur with Sri Ganesh Singh (one of the accused ). On each date he used to be taken by the deceased to Kanpur. It was about 4. 00 p. m. when he, the son of the deceased and deceased got down from the passenger train at Rooma Halt Railway Station, there at a little distance he saw Sri Brij Kishore, Sri Patai @ Krishna Kumar and Sri Shrawan Kumar at the platform having country made pistols. Sri Ganesh Singh (brother of the deceased) also came at that place and exhorted that Sri Vikramaditya Singh be killed. On it Sri Patai @ Krishna Kumar and Sri Brij Kishore caught hold Sri Vikramditya Singh and dragged him beneath the Peepal tree, which was at the nearby place, where Sri Shrawan Kumar and Sri Ganesh Singh shot fire from their country made pistols. It was also stated by him that on his raising of alarm witnesses namely Sri Mahendra Singh, Iqbal Singh and Sri Ram Prasad Sharma turned up at the place of incidence. PW 4 Sri Iqbal, who is said to be an eye- witness of this incident, was also examined by the prosecution. He made categorical narration of the incident and told that he was also facing trial (Raja Singh v. Iqbal Singh) in the Court of Special Magistrate, Kanpur. After attending the Court's proceedings on that date he reached at Kanpur Railway Station and caught the passenger train. He got down at Rooma Halt Railway Station at about 4. 00 p. m. He was accompanied by Sri Mahendra Singh and Sri Ram Prasad Sharma. He could also notice Sri Brij Kishore, Sri Patai @ Krishna Kumar and Sri Shrawan Kumar, having country made pistols standing at the platform. Soon thereafter he heard the alarm made by Sri Prithvi Pal Singh, PW 1. Witness further stated that he had seen both Sri Brij Kishore and Sri Patai @ Krishna Kumar catching hold the deceased. He was taken by them beneath the Peepal tree which was near to the railway cabin and Sri Shrawan Kumar and Sri Ganesh Singh shot fire at the deceased. After sustaining firearm injuries Sri Vikramaditya Singh died at the spot instantaneously. Dr. R. S. Pundrik also proved the post- mortem report (Exhibit Ka-14) and made it clear that the cause of death was due to shock and haemorrhage at the result of ante-mortem injuries suffered by the victim. It is a specific case of the prosecution that Sri Ganesh Singh (appellant) was highly inimical. Even in the past he is said to have shot fire at the complainant for which he is facing trial under Section 307 IPC. In the statement of PW 1 Sri Prithvi Pal Singh it has also been made clear that Sri Gahesh Singh made exhortation that it is the proper time when Sri Vikramaditya Singh be killed. PW 1 Sri Prithvi Pal Singh also in his statement made it clear that his both the uncles namely Sri Ganesh Singh and Sri Veer Bal Singh were highly hostile to him. They have earlier made an attempt to kill him and civil and criminal proceedings are also pending against them. Civil and criminal litigations are said to be the motive for committing crime. It, therefore, becomes relevant as was observed by the Apex Court in the case of Suresh Chandra Bahri v. State of Bihar, AIR 1994 SC 2420 that: Sometimes motive plays an important role and becomes a compelling force to commit a crime and therefore, motive behind the crime is a relevant factor for which evidence may be adduced. A motive is something which prompts a person to form an opinion or intention to do certain illegal act or even a legal act but with illegal means with a view to achieve that intention. In a case where there is clear proof of motive for the commission of the crime it affords added support to the finding of the Court that the accused was guilty for the offence charged with. But the absence of proof of motive does not render the evidence bearing on the guilt of the accused nonetheless untrustworthy or unreliable because most often it is only the perpetrator of the crime alone who knows as to what circumstances prompted him to a certain course of action leading to the commission of the crime. Here the clear motive of committing the offence by Sri Ganesh Singh has been assigned and it also lends additional support to strengthen the possibility of commission of the offence by the person accused. Reliance may also be placed in the case of Sardul Singh v. State of Haryana, 2003 (2) JIC 609 (SC) : AIR 2002 SC 3462. However, it was urged by the learned Counsel for the appellants that parties were admittedly inimical and so there could also be equal motive to the informant (PW 1) to have lodged false report. In this regard it may be mentioned that enmity is a double-weapon. While it can be a cause for false implication, it can also be the basis for committing crime. In this backdrop the evidence adduced by the parties are to be carefully scrutinized and if the evidence of the prosecution is found acceptable, the accused cannot take the plea that it should not be accepted upon because of the equal motive to the prosecution witnesses.;