LexBRIJ MOHAN AND ORS. versus STATE OF RAJASTHAN
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BRIJ MOHAN AND ORS.
A
v.
STATE OF RAJASTHAN
DECEMBER 16, 1993
[DR. A.S. ANAND AND N.P. SINGH, .JJ.]
B
,. .
Indian Penal Code-Ss.394, 450 ahd 397/ 149 of the l.P.C.
Identification of witnesses in incidents at night-source of lighHield
not an infimiity initiating the evidence of the Witnesses.
c
Test identification-Necessity of promptness-Held : Test identification
should be held promptly after the arrest of the accused to lend i~ sanctity.
Death sentence-Principles for imposition-On facts sentence of death
D
not warranted.
In an armed robbery at village B at about 1 A.M. at night there were
assaults by lathis and pharasies as well as firing of gunshots, leading to 4
deaths. The culp!''ts thereafter decamped with several household goods
and currency notes. There were five eye-witnesses who deposed in respect E
of the occurrence. About a month later in another encounter with dacoits
in another district the police arrested six person including the Appellants.
Thereafter the S.H.O. investigating the incident, on·receipt of information
from the S.H.O. of the other district arrested the 4 accused and a day later
..
the test identification was conducted by the· Judicial Magistrate and eleven
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witnesses correctly identified the Appellants. Some robbed goods were a(so F
seized from the house of one of the accused. The trial Court convicted the
accused and sentence them to death and the High Court affirmed the
conviction of the appellants and the seqtence of death under s.396 of the
Indian Penal Code. Hence this appeal. '
Dismissing the appeal but modifying the sentence from death to life. G
imprisonment, this court
HELD: 1. The non-disclosure in the F.I.R. of the source of light for
identification of accused in the electric light at night ls not an infirmity
vitiating the evidence of the eye- witnesses of the incident. [984-A]
H
979
980
SUPREME COURT REPORTS (1993) SUPP. 3 S.C.R.
..
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A
2. The plea of false implication and the sighting of the accused by
the witnesses prior to the test identification cannot be accepted on account
of the fact that the test identification was conducted on day following the
arrest by the SHO belied the claim of the unfairness of the identification
parade. Once there is suspicion by the investigating officer about the
B accused's involvement with a particular dacoity, the accused should be put
up for identification without delay to give sanctity to tht test identification.
In respect of a gruesome and cruel assault causing 4 deaths, 3 moth time
was not long enough to erase the facial impression of the accused In the
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minds of the eye witnesses. [98S·F·H, 986·A]
c
3, The•peculiar facts and circumstances at the case would take at out
of the purview of the rarest of the rare cases warranting the Imposition ot
a death sentence. [987-G]
Bachan Singh v. State of U.P., AIR (1980) S.C. 898, relied upon.
D
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal
Nos. 245-246 of 1991.
,From the Judgment and Order dated 20.4.90 of the Rajasthan High
Court in Crl. A No. 453 and Crl. Murder Reference No. 3 of 1988
E
R.K. Garg, P.K. Dey and Ms. Rani Jethmalani for the Appellants.
Sushil Kumar R. Sasiprabhu for the Respondent .
.
The Judgment of the Court was delivered by
F
N.P. SINGH, J. The three appellants, Brij Mohan, Gulla and Bar-
chia, were convicted under sections 396, 397, 450 and 397/149 of the Penal
Code by the learned Additional Sessions Judge, who passed sentence of
death under section 398 against each of the appellants and various terms
of imprisonment under the remaining sections. The High Court confirmed
G the conviction and the sentence against each of the three appellants,
including the death sentence. On basis of leave granted by this Court the
appellants have questioned, the legality of their conviction and sentence.
The prosecution case is that Chiranji Lal (PW-7) and the inmates of
..
his family were sleeping in their house in the night between 11th and 12th
H October, 1983 in village ~aswa. At about 1.00 A.M. Chiranji Lal heard the
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DRU MOHAN v. STATE OF HARYANA [N.P. SINGH, J.)
981
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ladies of his family weeping and crying. He came in his courtyard and saw A-
two or three persons giving blows to Smt. Gora (PW-6) and Smt. Guiab
(deceased). The culprits also gave blows to Chiranji Lal (PW-&). In the
meantime his brother's wife Smt. Saroj (PW-8) came to help them and she
was also given blows. SExcerpt shown. Read the full judgment & AI analysis in Lexace.