LexRAM CHARAN & ORS. versus STATE OF U.P.
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RAM CHARAN & ORS. v. STATE OF U.P. March 1, 1968 [S. M. SIKRI, J. M. SUELAT AND V. BHARGAVA, JJ.] Code of Criminal Procedure (Act S of 1898), s. 164-Smttment of wilness recorded under section-Evidence given by him in Court-Wtig/11 <Jf. The statements of eye witnesses to a murder were recorded under s. 164, Criminar Procedure Code, and a certificate waa appended to each of the statements to ·the effect, that the deponent waa warned that he was making the statement before a Magistrate and that it might be used against him. On the question as to the weight to be attached to the evidenC< given by the witnesses in court. HELD : It dld not follow from the endorsement that anv threat was given to the witnesses or that it necessarily made their evidence in court ~uspect or less believable. [357 Gl If a witness, in his evidence in court sticks to the .wsion given by him in the statement under s. 164, Cr. P.C. the mere fact that the statement was previously recorded under the section is not suftlcient to discard his <:vidence. The only inferenee that can be drawn is that there was a time when the police thought the witness may change his eviden<1>. The Court, however, ought to receive the evidence with caution. [358 DJ Observations in Parmanand v. Emperor, A.i.R. 1940 Naa. 340, 344 and In re: Gopisetti Chinna Venkatarubbiah .• I.L.R. [1955] A.P. 633, 639, approved. Observations contm in Emperor v. Manu Chik, A.I.R. 1938 Patna 290, 295, disapproved. CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 175 of 1967. Appeal by special leave from the judgment and order dated May 17, 1967 of the Allahabad High Court, Lucknow Bench in Criminal Appeal No. 72 of 1967 and Capital Sentence Reference No. 9 of 1967. S. P. Sinha and M. I. Khowaja, for the appellants. G. N. Dikshit and 0. P. Rana, for the respondent. The Judgment of the Court was delivered by Sikri, J.-This appeal by special leave by Ram Charan, Dnla- rey and Ram Bux is directed against the judgment of the Allaha- bad High Court, Lucknow Bench, confirming the convictions under. s. 302, read with s. 34, I.P.C. Ram Charan and Dularey were sentenced to death while Ram Bux was sentenced to im- prisonment for life. A B c D E F G H A B c D E F G H RAM CHARAN V. U. P. STATE (Sikri, /.) 35S The relevant facts in brief are as follows : On December 24, 1965, at about 8 a.m. four persons started fo( Lucknow on two cycles; Shanker Singh and Radhey Shyam were on one cycle and Surat Singh and Bachchu Lal on another. Radhey Shyam had some business in Lucknow, including consulting Sri Pal Singh, Advocate,· P.W. 20, regarding the preparation of a reply to a notice received by him. After the work was finished the four left Lucknow. It appears that Radhey Shyam was sitting on the car- rier of the cycle driven by Shankar Singh, and Bachchu Lal was sitting on the carrier of the cycle driven by Surat Singh: Raclhey Shyam carried a leather bag in which he had kept money which he had received as the sale proceeds of jau sold by him in Luck- now. For some reasons which need not be detailed, Shankar Singh and Radhey Shyam went ahead of Surat Singh and Bachchu. Lal, and the distance between them when they came near about the scene of occurrence was, according to Surat Singh, between 1t and 2 furlongs. When Shankar Singh and Radhey Shyam reached near the drain of Rastogi, they met Ram Charan, accused. Radhey Shyam got down from the cycle and started walking with Ram Charan, while Shankar Singh followed a little behind. Then the attack on Radhey Shyam took place and is described thus by Shankar Singh : "When we reached the · grove of Durga Maharaj then Ram Bux and Dularey accused were sitting at the well. Then Ram Charan by extending his hands (Kan- tiya Kar) caught hold of Radhey Shyam and threw him down on his face and after drawing his hands towards his back sat down catching him. Dularey and Ram Bux came up running .. Dularey had ·a Banka and Ram Bux had a lathi. Ram Charan told Dularey, 'Bring the Banka, why are you delaying it.' Thereupon I cried ou(. Then Dularey gave 5-6-7 Banka blows to Radhey Shyam on his neck. As I was crying so Ram Charan said 'Beat Thakurwa. He will go to the village and tell !hat such and such persons had hacked Radhey Shyam.' At this Ram Bux gave 5-6 Lathi blows to me. By that time Surat Singh and Bachoo Mahraj also came there and Rupan also came.'' Surat Singh corroborates.
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