LexBALAK RAM ETC. versus THE STATE OF U.P.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
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753
BALAK RAM .ETC.
v.
THE STATE OF U.P.
August 16, '1974
[H. R. KHANNA ANDY. V. CHANDRACHUD; JJ.]
App~al against acquittal-two views o{ the evider.ce uasonably pos.S:h{e-
High Court, wh~th~r justified in interfering with th~ order of acquittal passed
by the trial Court.
· .
.
Criminal Trial-Material
witn~sses, non-aamination of-Duty nj the
· prosecution-Prdsecution not to rely on insufficient data for non"t!xamining oj
material witness~s.
.
·
Criminal Trial-Evidence of prosecution witnesses whose statements are
recorded under sec. 164 Cr.P.C.~Appreciation ·of Jheir
evidenc~urt to
approach their evidence with caution.
·
Constitution of India, 1950, Artil:le ·13&-eoncurr~nt findin:s
of
fa~t
S!ipreme Court, when can re-appraise evidence.
Code of Criminal Procedure--section 314--Rejercnce for confirmation of
D
the death sentence-Duty of the High Court-High Court to examine for itstl/
the entire evidence indepen4~ntly of Sessions Court.
F
II
Two. persons,
Tribeni · Sahai and Radhey were shot de-ad in the town
of Datagani. District Budaun. ' The four appellants were tried along with two
. others by the learned Sessions Judge, Budaun, for various offences in connec-
tion with the incident. Balak Ram was coqvicted under sec. 302 IPC and
sentenced to death. He was also convicted and ~entenced under sec. 337
read with sec. 149 for causing i_njuries to Jhilmili and Ram Prakash and under
sec. 148 IPC. The other five were acquitted of all the charges. Sentence of
. death imposed on Balak Ram was confirmed by the High Court. But in the
· appeal filed bv the State against the order of acquittal passed by the Sessions
Court, the . High Court confirmed the acquittal of Kailash,
but convicted
Nathoo, Dr. R. P. Kohli· and Mohd •. Sayeed ·Khan and Banney Khan under
ieetions 302 and 307 read with sec. 149. It further convicted Nathoo and
·Dr. Kohli under section 148 and Banney Khan under section-147 of the Penal
Code.· The three accused have been sentenced by the High Court to imprison-
ment for life for their participation in the murder of Tribeni S.a}lai and Radhey
and concurrently to ten years' rigorous imprisonment for ··causin~ injuries to
Jhilmili and Ram Prakash. Balak Ram. Nathc-o,. Dr. Kohli and Banney Khan
. have filed four separate appeal$ by special leave of this Court.
The prosecution case was that at about 9-15 p.m. on May the 27 the six
accused along with 15 or 20 of their followers went about canvassing for the
candidates put up by the Congress (0). A little later, they went southwards
· through a lane which leads to the house of the deceased Tribeni Sahai. He was
· havin_g- an after-dinner stroll with Radhey and as he reached the inter-section of
· a cement road passing by his house and the line by which the processionists
were 'proceeding, the appellants who were leading the processions startf'd raisiric:t
. offensive slogans against him. Tribeni Sahai protested and a wrangle ensued.
· While hot word3 were being exchanged, Dr. Kohli, Banney Khan and Pearey
Mian exhorted Balak Ram to fire.
Balak Ram stepped out, stood on the
raised ground to the east of the lane and fired a shot at Tribeni Sahai with a
licensed pistol which he was carrying. Tribeni Sahai had sensed dan '!,er and
was trying to escape but he was hit by a bullet on the right scaPular recion..
Radhev who was a few paces behind Tribeni Sahai· ran forward to protect
him when Balak Ram, Nathoo and Dr. Kohli fired four or five shots. Radhey
received a pistol injury on the left back:. Jhilmili and Ram Prakash who live
2 -Ll92SupCI {75
754
SUPREME COURT REPORTS
[1975] 1 S.C.R.
nearby came running in protes( but they also received. injuries as a. result of
the shots fired by Batak Ram, Nathoo and Dr. Kohh..
Nat~oo, ltke Balak
Ram was carrying a pistol while Dr. Ko~Ii was .armed Wlth a licensed revolver.
Jhil~ili received an injury on his left. th1gh w~lle Ram Prakash was found to
have a superficial burn on the right side of h•s abdomen.
According to the prosecution, Rajendra Kumar Misra gave information of
the incident at 4-45 p.m. at the Police Station which js about two furloniS
away. The Station House Officer. Yogendra Sharma, as.ked a head constable
to record the First Information Report. The S.H.O. signed the report and
hurried to the scene of occurrence. The S.H.O. claims to have taken down
the dying declarat io~ of Triben! Sahai. in the ~S!! diary which hExcerpt shown. Read the full judgment & AI analysis in Lexace.