{"id":48103,"date":"2010-07-28T00:00:00","date_gmt":"2010-07-27T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/ashra-ram-vs-state-on-28-july-2010"},"modified":"2015-07-23T20:48:26","modified_gmt":"2015-07-23T15:18:26","slug":"ashra-ram-vs-state-on-28-july-2010","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/ashra-ram-vs-state-on-28-july-2010","title":{"rendered":"Ashra Ram vs State on 28 July, 2010"},"content":{"rendered":"
Allahabad High Court<\/div>\n
Ashra Ram vs State on 28 July, 2010<\/div>\n
                                   1\n\n                                                   Court No. - 44\n\n\n           CRIMINAL APPEAL No. - 2766 of 1982\n\n\nAsha Ram                                     ________Appellant\n                         Versus\n\nState of U.P.                              _____Opposite Party\n\n\nHon'ble Yatindra Singh,J.\n<\/pre>\n
Hon’ble Surendra Singh,J.\n<\/p>\n
1. This is an appeal against the judgment of Vth Additional Sessions
\nJudge, Agra (the ASJ) dated 7th October 1982 in Sessions Trial No.
\n222 of 1982.\n<\/p>\n
                             THE FACTS<\/p>\n
2.    An incident happened at 10:00 hours on 12.04.1982. In this
\nincident Premwati (the Deceased) was killed. Devi Singh the village
\nChaukidar lodged the FIR at the police station at about 14:30 hours. It
\nwas registered as case crime no. 61 of 1982, under section 304 IPC,
\nPolice Station Atmadpur, District Agra.\n<\/p>\n
3.    The allegations in the FIR are as follows:\n<\/p>\n
                \u2022   The Informant is Chaukidar of the village. At about
\n                    10:00 hours cries were heard from the house of
\n                    Revti. The Informant reached there and found that
\n                    door was locked from inside and at the outside of
\n                    the door, Netra Pal, brother-in-law (sala) of the
\n                    Asha Ram (the Appellant) along with one more
\n                    person were stainding.<\/p>\n
                \u2022   The Appellant was beating his wife and was
\n                    shouting that he will not permit her to go her
\n                    parent’s house;\n<\/p><\/blockquote>\n
                \u2022   The Informant knocked at the door, challenged
\n                                     2<\/span><\/p>\n
                   the Appellant, and got the door opened. He saw
\n                   that the Appellant’s wife was unconscious and
\n                   blood was oozing out from her head;\n<\/p><\/blockquote>\n
            \u2022     The Informant scolded the Appellant as to why was
\n                   he beating his wife when she was in the family
\n                   way. The Appellant told him that the Deceased
\n                   was insisting of going to her parent’s house.\n<\/p><\/blockquote>\n
             \u2022    The Appellant’s parents also came from the fields
\n                   and bandaged her head. They tried to put water
\n                   in her mouth but she remained unconscious then
\n                   they called the doctor. Rajendra, who pronounced
\n                   her head.\n<\/p><\/blockquote>\n
             \u2022     The Appellant along with his parents with the help
\n                   of villagers are going to cremate the dead body
\n                   saying that she died because of an accident.\n<\/p><\/blockquote>\n
4.    The police investigated the case and submitted the charge
\nsheet against the Accused. The case was committed to the sessions’
\ncourt and was registered as ST no. 222 of 1982.\n<\/p>\n
5.    The ASJ framed the charge on 12.07.1982. The Appellant was
\ncharged under section 302 IPC.\n<\/p>\n
6.    Among others, the prosecution filed the following documents:\n<\/p>\n
             \u2022     FIR (Ex Ka-1);\n\n             \u2022     Recovery memo of blood stained articles (Ex\n                   Ka-9);\n\n             \u2022     Post mortem examination report (Ex Ka-1);\n\n\n\n<\/pre>\n
7.    The prosecution examined the following witnesses;\n<\/p>\n
             \u2022     Dr. P. D. Narwariya (PW-1): Doctor; conduct the
\n                   post mortem;\n<\/p><\/blockquote>\n
             \u2022     Devi Singh (PW-2): Informant, Chaukidar;\n<\/p><\/blockquote>\n
                                       3<\/span><\/p>\n
                 \u2022      Rajendra Prasad Gupt (PW-3): Doctor, who had
\n                       examined the Deceased;\n<\/p><\/blockquote>\n
                 \u2022     Netra Pal (PW-4): Brother of the Deceased;<\/p>\n<\/blockquote>\n
                 \u2022     Jagdish (PW-5): Friend of PW-4;\n\n                 \u2022     Sukhbir Singh (PW-6): Investigating Officer (IO).\n\n\n\n<\/pre>\n
8.      The Appellant was examined under section 313 CrPC on
\n16.09.1982. He denied his involvement in the incident and stated that:<\/p>\n<\/blockquote>\n<\/blockquote>\n
       \u2022      He was implicated in the case due to enmity.\n<\/p><\/blockquote>\n
       \u2022      His entire family was inside the home.\n<\/p><\/blockquote>\n
9.      The ASJ by his judgment dated 7th October 1982 convicted the
\nAppellant and sentenced him to imprisonment of life under section
\n302 IPC. Hence the present Appeal.\n<\/p>\n
                      POINTS FOR DETERMINATION<\/p>\n
10.     We have heard Sri SP Singh, counsel for the Appellant and Sri
\nAN Mulla, learned AGA for the State:\n<\/p>\n
       (i)       What are the circumstances against the Appellant?\n<\/p><\/blockquote>\n
       (ii)      Are they proved?\n\n      (iii)      In case answer to the preceding question is in\n<\/pre>\n
        affirmative, then what offence was committed by the Appellant.\n<\/p><\/blockquote>\n
      (iv)      In case the Appellant is guilty then what punishment
\n        should be awarded to them.\n<\/p><\/blockquote>\n
      1st POINT: CIRCUMSTANCES AGAINST THE APPELLANT<\/p>\n<\/blockquote>\n
11.     No one saw the incident. The case is based on circumstantial
\nevidence and the extra judicial confession. The law\u2015when a case can
\nbe said to be proved against an accused on circumstantial
\nevidence\u2015has been established in different decisions (see below for
\ncitations)1. It is as follows:\n<\/p>\n
1 The cases are: KT Palanisamy v. State of Tamil Nadu: AIR 2008 SC 1095, Arun
\n                                           4<\/span><\/p>\n
(i)        The circumstances from which the conclusion of guilt is to be
\n           drawn should or must be established.\n<\/p>\n
(ii)       The facts so established should be consistent only with the
\n           hypothesis of the guilt of the accused, that is to say, they
\n           should not be explainable on any other hypothesis except
\n           that the accused is guilty.\n<\/p>\n
(iii)       The circumstances should be of a conclusive nature and
\n           tendency.\n<\/p>\n
(iv)        They should exclude every possible hypothesis except the
\n           one to be proved.\n<\/p>\n
In substance, there must be a chain of evidence so complete as not to
\nleave any reasonable ground for the conclusion consistent with the
\ninnocence of the accused and must show that in all probability the act
\nmust have been perpetrated by the accused.\n<\/p>\n
12. The AGA has pointed out the following circumstances against the
\nAppellant:\n<\/p>\n
           (i)      The Deceased died on unnatural death.\n<\/p><\/blockquote>\n
           (ii)     The Appellant alone was in the house with Deceased.\n<\/p><\/blockquote>\n
           (iii)    The burden was on the Appellant to explain. He has not
\n                    explained the same.\n<\/p><\/blockquote>\n
                   2nd POINT: CIRCUMSTANCES ARE PROVED<\/p>\n<\/blockquote>\n
                     (i) Deceased Died An Unnatural Death<\/p>\n<\/blockquote>\n
 13.        The injuries of the Deceased are as follows:\n<\/p>\n
 (i)        Traumatic swelling 6 cm x 4 cm on the left side of head.\n<\/p>\n
 (ii)       On internal examination he found the left temporal bones
\n and fractured.\n<\/p>\n
14.        Dr. PD Narwariya (PW-1) conducted the post mortem. He
\ndeposed that left temporal bones was fractured. It is also mentioned in<\/p>\n
       Bhanudas Pawar Vs State of UP: 2008 (61) ACC 32, Sharad Birdhichad Sarda v.
\n       State of Maharashtra (SC): AIR 1984 SC 1662, Shivaji Sahabrao Bobade Vs
\n       State of Maharashtra: AIR 1973 SC 2622, Hanumant Vs State of MP: AIR 1953
\n       SC 129.\n<\/p>\n
                                      5<\/span><\/p>\n
the post mortem report. He also deposed that injury was sufficient in
\ncase death in ordinary course of nature.\n<\/p>\n
15.       In our opinion, the Deceased died an unnatural death because
\nof the injury on the head.\n<\/p>\n
                 (ii) Appellant Alone Was with the Deceased<\/p>\n
16.       In the statement under section 313 CrPC, the Appellant denied
\nhis involvement but in answer to question no.6 stated that his entire
\nfamily was in the house. This is not correct.\n<\/p>\n
17.       The prosecution examined six witnesses. Out of six, three
\nnamely the Informant (PW-2), Netra Pal (PW-2) and Jagdish (PW-3)
\nare witnesses of the fact and the remaining are formal witnesses.\n<\/p>\n
18.       Netra Pal (PW-4) is brother-in-law of the Appellant. He along
\nwith his friend Jagdish (PW-5) had gone to invite the Deceased. Both
\nof them deposed that:\n<\/p>\n
      \u2022   The Deceased was married to the Appellant about 5-6 years
\n          ago;\n<\/p><\/blockquote>\n
      \u2022   The mother of PW-4 has died and there was no other person in
\n          the family except Deceased. They had gone to invite and bring
\n          the Deceased as the marriage of Netra Pal (PW-4) was to be
\n          performed.\n<\/p><\/blockquote>\n
      \u2022   They had reached on the previous evening on the fateful day.
\n          They invited the Deceased but the Appellant did not answer it;\n<\/p><\/blockquote>\n
      \u2022   The next day, after they had taken the food and Netra Pal again
\n          requested that the Deceased be sent but the Appellant refused.
\n          The Deceased insisted on going back and there were hot
\n          exchange;\n<\/p><\/blockquote>\n
      \u2022   The Appellant brought Netra Pal (PW-4) and Jagdish (PW-5)
\n          out side. Thereafter, he went inside and closed the door. He
\n          was alone there with the Deceased. After sometime they heard
\n                                       6<\/span><\/p>\n
          the crying of Deceased for help;\n<\/p><\/blockquote>\n
      \u2022   On her cries, Devi Singh, the Chaukidar of the village also
\n          came and got the door opened. They saw that Deceased was
\n          lying unconscious and blood was oozing from her head;\n<\/p><\/blockquote>\n
      \u2022   After sometime the Appellant’s father also came and called the
\n          doctor, who told them the Deceased is dead.\n<\/p><\/blockquote>\n
19.       The Informant is the Chaukidar of the village and he also
\ndeposed that<\/p>\n
      \u2022   He reached the spot after hearing the noise from the house of
\n          the Revti;\n<\/p>\n
      \u2022   On reaching there, he heard the cries of the Deceased. He got
\n          the door opened;\n<\/p>\n
      \u2022   The Appellant alone was with the Deceased;\n<\/p>\n
      \u2022   It was found that the Deceased was unconscious and the blood
\n          was oozing out.\n<\/p>\n
20.       Netra Pal (PW-4) is the brother of the Deceased and Jagdish
\n(PW-2) is the friend nonetheless Devi Singh (PW-2) is Chaukidar of
\nthe village and is an independent witness. There is nothing in their
\ncross-examination or evidence to disbelieve their oral testimony.\n<\/p>\n
21.       The witnesses of the fact deposed that only the Appellant and
\nthe Deceased were inside the home. There is no reason to disbelieve
\nthem.\n<\/p>\n
22.       In our opinion, the Appellant alone was with the Deceased at
\nthe time of the incident.\n<\/p>\n
                             (iii) No Explanation<\/p>\n
23.       The Deceased died an unnatural death. She was with the
\nAppellant in the room. The room was locked from inside. It was
\n                                        7<\/span><\/p>\n
opened at the insistence of the Informant (PW-2). It was for the
\nAppellant to explain how the incident occured. He has not explained it.\n<\/p>\n
24.       In our opinion, the prosecution has proved beyond reasonable
\ndoubt that the Appellant is guilty but is it murder or culpable homicide
\nof lesser degree?\n<\/p>\n
          3rd POINT: GUILTY UNDER SECTION 304 PART-II IPC<\/p>\n
25.       It is correct that the Appellant has not specifically explained but
\nthe circumstances point towards the possibilities that are probable
\nand they cannot be ignored.\n<\/p>\n
26.       The post mortem indicates that there was fetus about 24
\nweeks. The doctor PW-1 has also deposed that she was 6 months
\npregnant.\n<\/p>\n
27.       The Deceased and the Appellant were married six years
\nbefore. There is no evidence on record to show that the Appellant was
\ncruel to her or ill treated her.\n<\/p>\n
28.       Netra Pal (PW-4) deposed that their relations were normal. He
\nwas the only brother-in-law of the Appellant. The discussion whether
\nthe Appellant should go or not had started from the previous evening.
\nThere could not be any objection on the side of the Appellant in not
\ngiving permission except that the Deceased was pregnant and was in
\nadvanced stage of pregnancy: travelling during this time is not safe.\n<\/p>\n
29.       There is no explanation from the Appellant side that this was
\nthe reason for not sending her but considering the circumstances;\n<\/p>\n
      \u2022   There is no evidence of ill treatment of the Deceased;\n<\/p><\/blockquote>\n
      \u2022   Their relationship was normal;\n<\/p><\/blockquote>\n
      \u2022   There was debate since previous evening about going yet, the
\n          Appellant was not agreeing;\n<\/p><\/blockquote>\n
                                       8<\/span><\/p>\n
  It cannot brushed aside this cannot be a factor.\n<\/p>\n
30.       There is only one injury. It caused internal damage, that
\ncaused death. Considering that:\n<\/p>\n
      \u2022      There was only one injury;\n\n      \u2022      Their relationship was normal;\n\n      There could not be intention to kill.\n\n\n\n<\/pre>\n
31.       In our opinion, the Appellant is guilty under section 304 part-II
\nIPC rather than 302 IPC. He is sentenced to 7 years’ rigorous
\nimprisonment.\n<\/p>\n
                              CONCLUSIONS<\/p>\n
32.   Our conclusions are as follows:\n<\/p>\n
          (i) All circumstances are proved against the Appellant;\n<\/p><\/blockquote>\n
       (ii) The Appellant is guilty of under section 304 Part-II rather
\n       than 302 IPC. His conviction is altered accordingly;\n<\/p><\/blockquote>\n
          (iii) The Appellant is     sentenced    to   7 years    rigorous
\n          imprisonment.\n<\/p><\/blockquote>\n
33. In view of our conclusions, the appeal against the judgment of V th
\nAdditional Sessions Judge, Agra dated 7th October 1982 in Sessions
\nTrial No. 222 of 1982 is partly allowed. The Appellant is on bail. His
\nbail is cancelled. He will be taken into custody to serve out the
\nremaining part of his sentence.\n<\/p>\n
Date: 28.07.2010<\/p>\n
Imroz\/-<\/p>\n","protected":false},"excerpt":{"rendered":"
Allahabad High Court Ashra Ram vs State on 28 July, 2010 1 Court No. – 44 CRIMINAL APPEAL No. – 2766 of 1982 Asha Ram ________Appellant Versus State of U.P. _____Opposite Party Hon’ble Yatindra Singh,J. Hon’ble Surendra Singh,J. 1. This is an appeal against the judgment of Vth Additional Sessions Judge, Agra (the ASJ) dated […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[9,8],"tags":[],"class_list":["post-48103","post","type-post","status-publish","format-standard","hentry","category-allahabad-high-court","category-high-court"],"yoast_head":"\nAshra Ram vs State on 28 July, 2010 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/ashra-ram-vs-state-on-28-july-2010\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Ashra Ram vs State on 28 July, 2010 - 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