RAM KISHAN AND ORS. versus STATE OF UTTAR PRADESH

Citation: [2004] SUPP. 4 S.C.R. 287 · Decided: 10-09-2004 · Supreme Court of India · Bench: K.G. BALAKRISHNAN · Disposal: Dismissed

Judgment (excerpt)

RAM KISHAN AND ORS. 
v. 
ST AE OF UTT AR PRADESH 
SEPTEMBER I 0, 2004 
[K.G. BALAKRISHNAN AND DR. AR. LAKSHMANAN, JJ.] 
Penal Code, 1860-Sections 302 r!w 149 and 323 r!w 149-Murder-
Appreciation of evidence-Evidence of three eye-witnesses-Deceased was 
assaulted with 'lath is 'fitted with iron rings-One of them, an injured witness, 
A 
B 
was accompanying the deceased-Conviction by Sessions Court upheld by 
C 
High Court-Validity of-Held: mere acquaintance or friendship of PW I 
with deceased not a reason to discard his evidence when his presence at place 
of incident not doubtful-No reason to doubt evidence of other two witnesses 
too-All 
injuries 
on 
deceased 
were 
on 
the 
head 
and the brain was exposed-Finding of the Doctor that deceased's 
stomach empty is of no consequence in the absence of evidence to the 
contrary-Courts below justified in accepting the medical evidence-Courts 
below having taken a reasonable view of the evidence, no interference called 
for. 
According·to the prosecution case, the deceased had gone to witness 
a 'mela' where he met PW 1. They spent sometime at the 'mela' and 
during night stayed at the house of father-in-law of deceased which was 
very close by. Next day, at about 8.00 A.M. they left the house on a 
motorcycle with PW 1 driving the vehicle and deceased sitting on the 
pillion. On the way one of the appellants came all of a sudden and 
intercepted the motorcycle shouting that deceased should not be spared. 
Other Appellants, who were hiding nearby armed with 'Lathis' fitted 
with iron rings, came out and assaulted PWl who fell on the ground. 
Then they started assaulting deceased with the 'Lathis'. He sustained 
multiple injuries and died on the spot. Injured PW 1 gave First 
Information at the nearby Police Station at about 9.45 A.M. Sessions 
Judge as well as High Court relied on evidence of the three eye-witnesses 
PW-1, PW-2 & PW-6 and convicted Appellants under Sections 302 r/w 
149 IPC and Sections 232 r/w 149 IPC. 
In appeal to this Court, it was contended for the Appellants that 
the three eye-witnesses were all interested witnesses as they were close 
287 
D 
E 
F 
G 
H 
288 
SUPREME COURT REPORTS (2004] SUPP. 4 S.C.R. 
A 
friends of the deceased; that the evidence of PW 2 and PW 6 cannot be 
accepted as they were also not independent witnesses; that the medical 
evidence adduced disproved the prosecution case and that 
PW 1 and deceased had left the house in the morning and must have 
taken food, but the incident must have taken place somewhere during 
B 
c 
the night and that is why post mortem evidence showed the stomach of 
deceased was empty. 
Dismissing the appeal, the Court 
HELD : 1. The Sessions as well as the High Court have taken a 
reasonable view of the evidence and rightly found the Appellants guilty 
under Sections 302 r/s Section 149 and under Sections 232 r/w 149 IPC. 
(292-E] 
2. Mere acquaintance or friendship of PW 1 with the deceased by 
itself cannot be treated as a reason to discard the evidence of the eye-
D 
witnesses if it is proved by other satisfactory evidence that the witness 
was very much present at the time of incident. PW 1 was an injured 
witness. Moreover, he gave the first information within hours after the 
incident. Therefore, the presence of PW 1 at the place of incident cannot 
be doubted. (291-A, B; 290-G-H] 
E 
3. PW 2 and PW 6 are persons residing in the locality, PW I also 
F 
G 
H 
deposed that these two witnesses were present at the time of the incident. 
There is no strong reason to discard their evidence. (291-C] 
4. All three injuries on deceased were on the head and the brain 
was exposed. The doctor was of opinion that there were multiple fractures 
of the skull. There is no evidence as to nature of the weapons except the 
witnesses saying that the 'Lathis' were fitted with iron rings. A heavy 
blow with a weapon such 'as 'Lathis' fitted with iron rings on the head 
would tiave caused the skull to break. The weapons were also not 
examined during the course of investigation. What was the width of the 
ring which covered the 'Lathis' is not known. Under the circumstances, 
the Sessions Court and the High were justified in accepting the medical 
evidence. [291-F; GJ 
5. There is no direct evidence as to whether deceased had taken 
any food in the morning. Appellants pointed to the statement given by 
the Investigating Officer during cross-examination in which he had 
RAM KISHAN v. STATE [BALAKRISHNAN, J.] 
289 
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