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Allahabad High Court

RAKSHA PAL AND OTHERSversusSTATE

Decided

Holding

The appellate court held that the prosecution failed to establish guilt beyond reasonable doubt and, on the benefit of doubt, set aside the convictions.

Summary

The appellants Sadhu Singh and Amit Singh were convicted under IPC Sections 304 read with 34 and 325 read with 34 for the death of Atar Singh and injuries to Bhure Singh. On appeal, the High Court examined the prosecution evidence, noting the absence of timely medical reports, contradictions in witness statements, and lack of specific participation by the accused. The Court held that these deficiencies created reasonable doubt about the prosecution's case. Citing Supreme Court precedents on the benefit of doubt, the Court concluded that the evidence was insufficient to sustain the convictions. Consequently, the appeal was allowed, the convictions were set aside, and the appellants were released on bail. The Court also noted the appellants' advanced age as a factor for sympathetic consideration.

Issues considered

  • Whether the prosecution proved the charges under Sections 304/34 and 325/34 beyond reasonable doubt.
  • Whether contradictions and lack of medical evidence create reasonable doubt.
  • Whether the principle of benefit of doubt applies to set aside the convictions.
  • Whether the age and health of the accused warrant any consideration in sentencing.

Legislation cited

Subjects

  • criminal law
  • IPC
  • Section 304
  • Section 325
  • benefit of doubt
  • evidence
  • conviction
  • appeal
  • age of accused
  • medical evidence
  • contradictions

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
               CRIMINAL APPEAL No. - 734 of 1987

Raksha Pal and others
                                                    …..Appellant(s)

                             Versus

State
                                                 …..Respondent(s)


Counsel for Appellant(s)       : Rakesh Kumar Singh, S.k. Yadav
Counsel for Respondent(s)      : A.G.A.


Court No. - 79

             HON'BLE TEJ PRATAP TIWARI, J.

1.      The present criminal appeal has been filed by appellants
Raksha Pal, Sadhu Singh, Mansha Ram and Amit Singh
challenging the judgement and order dated 07.03.1987 passed by
7th Additional Sessions Judge, Etah in Session Trial No. 189 of
1986 (State vs. Raksha Pal and others) under Sections 325 / 34
and 304 / 34 I.P.C., Police Station Soron, District Etah whereby all
the appellants have been convicted and sentenced under Section
304 read with Section 34 I.P.C. to undergo 10 years rigorous
imprisonment with fine of Rs. 1,000/- each and the appellants
were further convicted and sentenced under Section 325 I.P.C.
read with Section 34 I.P.C. to undergo one year rigorous
imprisonment and in default of payment of fine, the appellants
were to undergo one year rigorous imprisonment. All the
sentences were to run concurrently.

2.      During the pendency of the instant criminal appeal, the
appellant no. 1 Raksha Pal and appellant no. 3 Mansha Ram
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                                                 CRLA No. - 734 of 1987

have died, on behalf of them, the instant criminal appeal was
abated by this Court. The present appeal is being decided only for
the appellant no. 2 Sadhu Singh and appellant no. 4 Amit Singh.

3.    As per the prosecution story, the incident occurred on
22.08.1985 at 12:00 noon, when the accused persons, namely
Mansha Ram, Raksha Pal, Amit Singh, and Sadhu, having their
field nearby the field of complainant, assaulted the complainant
(Bhure Singh) and his brother, Atar Singh, (subsequently died on
25.08.1985). After the post-mortem examination, the case was
registered. It has further been stated in the written report (Ex.Ka-
1) that he was examined by a doctor at Kasganj and was advised
for X-ray and when the X-ray (Ex.Ka-16) was done, a fracture of
the left index finger was found. On the basis of the aforesaid
report, a Non-Cognizable Report was lodged by the concerned
police.

4.    After the investigation, the charge sheet was filed on
05.09.1985, under Sections 325, 506, 304 I.P.C. against all the
aforesaid four accused persons. The said charge sheet was
marked and exhibited as Ex.Ka-14 at the trial.

5.    The panchayatnama of the body of the deceased was done
on 26.08.1985 at 10:00 a.m. which was marked and exhibited as
Ex.Ka-6 at the trial. After this, the post mortem was conducted on
27.08.1985 by Dr. S.R. Gupta (P.W.-4) which was marked and
exhibited as Ex.Ka.-2.

6.    In the post mortem report of the deceased Atar Singh,
following anti-mortem injuries were found :-

      1. contusion 2 cm x 2 cm on posterior aspect of skull
      in mid-line 10 cm above occipital protuberance. On
      dissension conjetion present in layer out on the skull
      bone not exposed
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                                                        CRLA No. - 734 of 1987

        2. abrasion scabbed 3 cm x 1.5 cm on back of right
        elbow joint

        3. scabbed abrasion on dorsum of root of index finger
        of right hand size 1 cm x 1 cm

        4. scabbed abrasion 2 cm x 1.5 cm on back of left
        elbow joint.

        5. scabbed abrasion 2.5 cm x 1.5 cm on right side
        scrotum front aspect

        6. scabbed abrasion 3.5 cm. x 2.5 cm on front of left
        knee joint just below patella.

7.     The injuries caused to the complainant Bhure Singh has
also been proved by the prosecution during the trial as Ex.Ka-15
and 16 at the trial.

8.     The charge sheet has been filed by I.O. concerned and
thereafter, the case was committed to the court of Session,
whereby the learned Sessions Judge framed the charges against
the aforesaid accused persons under Sections 325 read with
Section 34 I.P.C. and 304 I.P.C., on which the accused persons
denied the charges and claimed for trial.

9.     To prove its case, the prosecution has examined the
witnesses as follows : -

     Prosecution         Name of            Paper proved          Role
      witnesses          witnesses
       P.W.-1           Bhure Singh         Supported the    Complainant
                                            F.I.R. version    (witness of
                                                                  fact)
       P.W.-2           Aram Singh          Supported the       Injured
                                             prosecution
                                                story
       P.W.-3          Ram Swaroop          Supported the       Injured
                                             prosecution
                                                story
       P.W.-4          Dr. S.R. Gupta       Prepared the        Doctor
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                                                    CRLA No. - 734 of 1987

                                        post mortem
                                          report of
                                       deceased Atar
                                           Singh
      P.W.-5        Sri Ram             Prepared and       Constable
                    Bahadur              proved the
                    Gautam             Chik report and
                                       general diary
      P.W.-6       S.I. Sugadh          Prepared and Sub-Inspector
                      Singh              proved the
                                       inquest report,
                                        challan Nash
                                       and photonash
      P.W.-7      Dr. I.P. Singh         Proved the      Medical Officer,
                                        injury report    Primary Health
                                        and medical          Center,
                                        examination         Kasganj
                                            report
      P.W.-8      Dr. Shamshad          Proved the X-     Radiologist
                      Akhtar             ray report of
                                        Bhure Singh
                                       and X-ray plate



10.   After the prosecution witnesses were examined, the
statement of the accused persons were recorded under Section
313 Cr.P.C. In their statements, the accused persons have stated
that they have been falsely implicated due to enmity and village
party politics.

11.   The learned Sessions Judge, having heard the learned
counsel for the parties and perusing the records available, had
convicted the accused-appellants, as stated above.

12.   Heard the learned counsel for the appellants, learned AGA
for the State of U.P. and perused the records.

13.   At the first instance, learned counsel for the appellants
submitted that as per the prosecution story, the incident in
question took place on 22.08.1985, in which complainant Bhure
Singh (P.W.-1) and Atar Singh (deceased) got injuries by the
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                                                CRLA No. - 734 of 1987

accused-appellants, but since the time of the occurrence i.e.
22.8.1985 till the death of Atar Singh, there is no medical report
of Atar Singh, submitted and proved by the prosecution side,
which unerringly creates doubt on the prosecution story. As
regards, the second injured person,         namely, Bhure Singh
(complainant) P.W.-1, is concerned, he has not been medically
examined before 25.08.1985. He has been examined on
26.08.1985 by the Medical Officer of PHC, Kasganj, Etah. This is
also builds the doubt in the prosecution story. After this, learned
counsel for the appellants, submitted that, since lodging of the
First Information Report and till the statements on oath made by
the prosecution witnesses, in court, the allegations levelled
against all the accused-appellants are of general nature. No
specific role has been assigned to any of the accused-appellants,
except the statement of P.W.-2, Aram Singh, who has specifically
alleged that the injuries caused by lathi by Mansha Ram resulted
into the death of Atar Singh (the deceased). Likewise, the
deposition made by prosecution witness P.W.-3, Ram Swaroop,
specifies, that he reached the spot after the occurrence had taken
place. This finds support by the statements of the doctor who
conducted the autopsy of the deceased, Atar Singh. Learned
counsel for the appellants has pointed out that the death was
caused due to neurogenic shock, which is stated to be possible by
injury no. 1. He has further submitted that injury no. 1 was
sufficient in the ordinary course of nature to cause death.

14.   Referring to the statement of P.W.-6, Sugadh Singh (I.O.),
learned counsel for the appellants pointed out that Bhure Singh
(P.W.-1) and Aram Singh (P.W.-2) had informed him that they had
taken treatment from a private doctor, Dr. Satya Prakash Gupta.
However, when the statement of the said witness was recorded,
Dr. Satya Prakash Gupta, has denied having treated any patient,
particularly Bhure Singh and Aram Singh.
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                                                    CRLA No. - 734 of 1987

15.   Referring on the aforesaid contradictions, learned counsel
for the appellants has emphasized that these contradictions
creates a doubt in the prosecution case and, on the basis of it, the
accused-appellants deserves acquittal. He further pointed out that
in the instant case, there are two surviving appellants, namely,
Sadhu Singh and Amit Singh are more than 60 years of age and
the learned counsel for the appellants prayed for leniency looking
to the age as well as physical and mental hazard which they have
suffered during last three decades.

16.   Per contra, Ms. Harshita Rani, learned AGA for the State of
U.P. had strongly opposed the arguments submitted by the
learned counsel for the appellants and had submitted that as the
doctors in the Government Hospital / PHC were not available
because of which the complainant (P.W.-1) Bhure Singh and Atar
Singh (deceased) did not get the treatment between 22.08.1985
to 25.08.1985. In the instant case, the deposition of the
prosecution witness made on oath in open court by P.W.-1 Bhure
Singh (who is also injured in the instant case) cannot be doubted.
So far as the minor discrepancies / contradiction in the statements
of the prosecution witnesses of fact, is concerned, the Apex Court
in Brahm Swaroop and Another Vs. State of Uttar Padesh,
2011 (6) SCC 288, paragraph 16 as under :-

       "It is a settled legal proposition that while appreciating the
       evidence of a witness, minor discrepancies on trivial
       matters, which do not affect the core of the prosecution
       case, may not prompt the court to reject the evidence in
       its entirety. "Irrelevant details which do not in any way
       corrode the credibility of a witness cannot be labelled as
       omissions or contradictions." Difference in some minor
       details, which does not otherwise affect the core of the
       prosecution case, even if present, would not itself prompt
       the court to reject the evidence on minor variations and
       discrepancies. After exercising care and caution and
                                    7
                                                     CRLA No. - 734 of 1987

       shifting through the evidence to separate truth from
       untruth, exaggeration and improvements, the court
       comes to a conclusion as to whether the residuary
       evidence is sufficient to convict the accused. Thus, an
       undue importance should not be attached to omissions,
       contradictions and discrepancies which do not go to the
       heart of the matter and shake the basis version of the
       prosecution witness. As the mental capabilities of a
       human being cannot be expected to be attuned to absorb
       all the details, minor discrepancies are bound to occur in
       the statements of witnesses."

17.   Learned AGA finally submits that the order of conviction and
sentence passed by the learned trial court, assailed by means of
the present criminal appeal, needs no interference by this Court,
as the prosecution has proved its case beyond reasonable doubt.

18.   Having heard the learned counsel for the parties and
perused the records.

19.   At the first instance, it would not be out of context to quote
the provision of law under which the present accused-appellants
have been charged and tried. In this context, Sections 304, 325
and 334 I.P.C. are quoted herein below :-

       “Section 304. Punishment for culpable homicide not
       amounting to murder.—

       Whoever commits culpable homicide not amounting to
       murder shall be punished with imprisonment for life, or
       imprisonment of either description for a term which may
       extend to ten years, and shall also be liable to fine, if the act
       by which the death is caused is done with the intention of
       causing death, or of causing such bodily injury as is likely to
       cause death,or with imprisonment of either description for a
       term which may extend to ten years, or with fine, or with
       both, if the act is done with the knowledge that it is likely to
                                   8
                                                   CRLA No. - 734 of 1987

       cause death, but without any intention to cause death, or to
       cause such bodily injury as is likely to cause death.


       Section 325:- Punishment for voluntarily causing
       grievous hurt:-

       Whoever, except in the case provided for by section
       335, voluntarily causes grievous hurt, shall be punished
       with imprisonment of either description for a term which
       may extend to seven years, and shall also be liable to
       fine.

       Section     334     Voluntarily      causing      hurt     on
       provocation :-

       Whoever voluntarily causes hurt on grave and sudden
       provocation, if he neither intends nor knows himself to
       be likely to cause hurt to any person other than the
       person who gave the provocation, shall be punished
       with imprisonment of either description for a term which
       may extend to one month, or with fine which may
       extend to five hundred rupees, or with both.”

20.   Looking to the charges levelled against the appellants in the
light of the arguments advanced by the learned counsel for the
appellants as well as the learned AGA, it would be appropriate to
examine the lapse, if any, on the part of the prosecution to prove
its case, with regard to the injuries. Undoubtedly, as per the
documentary as well as the oral evidences available on record, it
is evident that neither the injured nor the deceased were taken to
any hospital or clinic for treatment prior to 25.08.1985. As per
prosecution, the person who succumbed to injuries has sustained
injuries of a serious nature; however, the lack of evidence on this
point creates a doubt, which goes in favour of the appellants.

21.   The next point which has been argued by the learned
counsel for the appellants regarding the contradictions /
                                   9
                                                    CRLA No. - 734 of 1987

discrepancies in the statement of the prosecution witnesses is
also not to be ignored, as there were several persons who have
seen the occurrence, when it took place, but none of the
independent witness has been examined by the prosecution.
Moreover, neither the report (NCR) nor the statements of the
prosecution witnesses speaks about the specific role of the
accused-appellants. On this point, if the statement made by P.W.-
2, Aram Singh, regarding the injury, alleged to have been caused
to the deceased, Atar Singh, by Mansha Ram, is seen where he
has stated that this resulted to his death, also creates doubt, if
seen in the light of post mortem report (Ex.Ka.-2) where the cause
of death is shown due to neurogenic shock caused by injury no. 1.
The benefit of such doubt to give in favour of the accused-
appellants.

22.   Reliance to be placed on the judgment of the case Pankaj v.
State of Rajasthan, (2016) 16 SCC 192, where the Hon’ble
Supreme Court has held :-

       “It is a well-settled principle of law that when the
       genesis and the manner of the incident is doubtful,
       the accused cannot be convicted. Inasmuch as the
       prosecution has failed to establish the circumstances
       in which the appellant was alleged to have fired at
       the deceased, the entire story deserves to be
       rejected. When the evidence produced by the
       prosecution has neither quality nor credibility, it
       would be unsafe to rest conviction upon such
       evidence. After     having      considered    the   matter
       thoughtfully, we find that the evidence on record in
       the case is not sufficient to bring home the guilt of
       the appellant. In such circumstances, the appellant
       is entitled to the benefit of doubt”.
                                10
                                               CRLA No. - 734 of 1987

23.   In Natthu v. State of U.P., 2019 SCC OnLine All 3547, the
Hon’ble Supreme Court held thus:-

       “...One of the golden thread which runs through the
       web of the administration of justice in criminal cases
       is that if two views are possible on the evidence
       adduced in the case, one pointing to the guilt of the
       accused and the other to his innocence, the view
       which is favourable to the accused should be
       adopted. [Vide Kali Ram v. State of Himachal
       Pradesh, (1973) 2 SCC 808; State of Rajasthan v.
       Raja Ram, (2003) 8 SCC 180; Chandrappa v. State
       of Karnataka, (2007) 4 SCC 415; Upendra Pradhan
       v. State of Orissa, (2015) 11 SCC 124 and Golbar
       Hussain v. State of Assam, (2015) 11 SCC 242]. In
       the instant matter, considering evidence on record
       and analysis made herein above, we are of the
       considered opinion that prosecution has concealed
       genesis of incident and has not come up with true
       facts and the presence of alleged eye witnesses at
       the scene of offence appears to be doubtful and
       consequently all the accused-appellants are entitled
       for benefit of doubt.”

24.   Further, considering the age of the accused persons as
mentioned in their statements recorded under Section 313
Cr.P.C., both the accused-appellants would now be more than 60
years old, and the mental agony which they seems to have
suffered over the last three decades, also makes them entitled for
sympathetic consideration by this Court.

25.   On the basis of considered discussions made herein above,
it is clear that the benefit of doubt exist, which goes to the
accused-appellants. Thus, the present criminal appeal deserves
                                                                  11
                                                                                 CRLA No. - 734 of 1987

                            to be allowed on the ground of benefit of doubt as raised by the
                            learned counsel for the appellants.

                            26.         Accordingly, the present criminal appeal is allowed.

                            27.         The order of conviction and sentence of the accused
                            appellants, namely, Sadhu Singh and Amit Singh, dated
                            07.03.1987 passed by the learned 7th Additional Sessions Judge,
                            Etah is hereby set aside. The appellants are said to be released
                            on bail and the sureties are discharged.

                            28.         Copy of this judgement along with original records of
                            learned court below be transmitted to the court concerned for
                            necessary compliance. Compliance report be submitted to this
                            Court at the earliest. Office is directed to keep the compliance
                            report on record.



                                                                              (Tej Pratap Tiwari,J.)

                            February 23, 2026
                            Manoj




Digitally signed by :-
MANOJ KUMAR YADAV
High Court of Judicature at Allahabad


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