STATE OF U.P. versus BHOORA AND ORS.

Citation: [1997] SUPP. 4 S.C.R. 703 · Decided: 23-10-1997 · Supreme Court of India · Bench: G.T. NANAVATI · Disposal: Appeal(s) allowed

Judgment (excerpt)

STATE OF U.P. 
A 
v. 
BHOORA AND ORS. 
OCTOBER 23, 1997 
[G.T. NANA YA TI AND V.N. KHARE, JJ.] 
B 
Indian Penal Code-Section 396 read with Section 34-Dacoity with 
murder-Identification of accused-Conviction by Trial Court-Acquittal by 
High Court on re-appreciation of evidence-Held, Prosecution witnesses C 
were playing cards under light from a lantern and two electric pole lights, 
one in north-eastern direction and the other in north-western direction-
Accused, wearing hats and khaki uniform, came from north-western direction 
to this place and fired at prosecution witnesses and others with them-As 
accused had come from north-western direction, even if there caps cast 
shadow on their faces while passing north-western electric pole, light from D 
electric pole in north-eastern direction would have fallen on their faces-
Reason that accused were wearing hats and khaki uniform, so could not be 
identified, is a surmise as this was not suggested to any witness-Accused 
were known to prosecution witnesses, and if they could recognise the colour 
of dress worn by accused, they could have recognised their faces also- E 
Conduct of prosecution witness in first going in north-western direction to 
the place of his brother in law who had a licensed gun, and then in southern 
direction to police station not unnatural, as he was not expected to act in 
a cool and collected manner having been attacked by decoits and seen his 
colleagues being shot dead-Ends of justice could be met by conversion of 
death sentence to life imprisonment in view of long lapse of time. 
F 
The two respondents in this appeal were prosecuted under section 396 
read with Section 341.P.C. for committing murder, while conjointly committing 
decoity along with twenty to twenty five other dacoits. There motive was a 
grudge against the Brahm ins of the village, as uncle of one of the persons 
attempted to be killed, was a Brahmin and had eloped with their mother, which G 
was taken as an insult by them as they were Ahirs. Four witnesses, PW-I, 
PW-2, PW-4 and PW-5 were examined by prosecution. According to PW-I 
and PW-2 they along with others were playing cards under a shed of the house 
of PW-t where a lantern was burning, and there were two electric poles, lights 
on which were burning. one in north eastern direction at a distance of ten to H 
703 
704 
SUPREME COURT REPORTS [1997] SUPP. 4 S.C.R. 
A fifteen paces and the other in north western direction at a distance of thirty 
paces. They got up on hearing some noise coming from north western 
direction, from side of tube well closely to the village, belonging to RR, brother 
in law of PW-1. As soon as they got up, they were fired upon and some persons 
near PW-1 were injured. Immediately PW-1 left that place and first went in 
B the north western direction to the place of RR as he had a licensed gun, but 
finding him dead, went running in the southern direction to the police station, 
which was a mile away, and within forty five minutes informed the police officer 
in charge of the police station about the incident. Five persons died during 
the incident and three persons were seriously injured. 
C 
The Trial Court believed the evidence of PW-1, PW-2, PW-4 and PW-
5, as it found that there was enough light where incident had taken place and 
they had sufficient opportunity to see the face of the two respondents, who 
were already known to them. The Trial Court, therefore, convicted both the 
respondents under Section 396 read with Section 34 I.P.C. and sentenced both 
of them to death. The High Court held that the prosecution had failed to 
D establish that the witnesses could have identified the accused for the reasons 
that the accused were wearing khaki uniform and hats, PW-1 and PW-2 did 
not have enough time or opportunity to recognise the two respondent accused 
as the dacoits had started firing as soon as the person sitting in the chhapar 
got up to see what was happening. The High Court also held that the conduct 
E of PW-1 first going in the north western direction and then to the police station 
in southern direction was unnatural. In appeal to this Court, it was contended 
that the reasons given by the High Court for holding that witnesses could not 
have identified the respondents were neither proper nor sufficient. 
F 
Allowing the appeal, the Court 
HELD: 1. The evidence of PW-1 and PW-2 deserves to be believed. The 
reason given by the High Court that because dacoits were wearing kha

Excerpt shown. Read the full judgment & AI analysis in Lexace.