LexSTATE OF U.P. versus MUTAHIR MIAN
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2008] 14 S.C.R. 9 STATE OF U.P. v MUTAHIR MIAN (Criminal Appeal No. 1053 of 2002) SEPTEMBER 25, 2008 [DR. ARIJIT PASAYAT AND DR. MUKUNDAKAM SHARMA, JJ.] Penal Code, 1860: s.302 - Conviction under- Acquittal A B by High Court - Justification of - On facts, held: Justified - c The evidence was properly analysed by High Court - View of High Court was possible and not irrational or perverse - Cu- m u /a tive effect of infirmities pointed out by High Court probabalised the defence version. The prosecution case was that on the fateful day at D 9.30 A.M., when the informant along with his brother, (de- ceased) and another person was on the way, the accused challenged them. When deceased questioned him, ac- cused stabbed him thrice. The informant in order to save his brother, attacked the accused with a knife, resulting E in several injuries on the person of accused. The trial court believed the version of prosecution and convicted accused under s. 302 IPC. On appeal, High Court directed acquittal on the grounds that the prosecu- tion version that the first information report was lodged F at 10.15 A.M. was not proved; that the memo which was stated to have been received from the Civil Hospital was not brought on record; that the existence of the FIR at 10.15 A.M. was belied by the fact that after about six hours, the copy of the FIR was reached to the Doctor who has G. conducted the post mortem; that so called eye-witnesses were not believable and that the serious injuries on the accused were not explained. Aggrieved, State filed the instant appeal. 9 H 10 SUPREME COURT REPORTS [2008] 14 S.C.R. -A Dismissing the appeal,, the Court ;.._,- HELD : The High Court analysed the evidence in great detail to conclude about the non acceptability of the prosecution version. The cqnclusions of the High Court B cannot be termed as irrational or perverse. The view ex- pressed by the High Court is a possible view. Th,e cumu- lative effect of the infirmities pointed out, probabilise the defence version. [Para-7] [12-D] .\- CRIMINALAPPELLATE JURISDICTION: Criminal Appeal c No. 1053 of 2002 From the final Jud~ment and Order dated 7.9.2001 of the High Court of Judicature at Allahabad in Criminal Appeal No. 2937 of 1980 D T.N. Si.ngh, Rajeev Dubey and Kamlendra Mishra for the Appellant. Jetendra Singh and S.K. Sabharwal for the Respondent. The Judgment of the Court was delivered by E DR. ARIJIT PASAYAT, J. 1. Heard learned counsel for the parties. 2. Challenge in this appeal is to the judgment of a Division Bench of the Allahabad High Court directing acquittal of the re- F spondent who faced trial for alleged commission of offence pun- ishable under Section 302 of the Indian Penal Code, 1860 (in short 'the Act'). The learned Sessions Judge, Rampur in S.T. I No.30 of 1980 found him guilty and convicted him for offence ~ punishable under Section 302 IPC and sentenced him to suffer imprisonment for life. // G 3. In appeal, the High Court found certain vital discrepan- cies in the prosecution version and directed acquittal. r 4: The prosecution version, as unfolded during trial is as follows. H ~~,i.-, STATE OF U.P. v. MUTAHIR MIAN [DR ARIJIT PASAYAT, J.] 11 4. On 04.11.1979 at about 9.30A.M. when the informant A Zahidullah along with his brother Sajidullah (hereinafter reeferred to as 'deceased') and Shakirullah were returning via triangular crossing at Majar Khurmewali, they were accosted at that cross- ing by accused Mutahir Mian, who challenged them by saying "Bahadur Aa rahe hain". On this the deceased questioned him. B Immediately thereon, he was stabbed thrice by the accused. His brother Zahidullah, in order to save his brother from any further assault, attacked the accused with a knife, resulting in several injuries on the person of accused. Finding the condition of the injured grave, leaving him in the custody of his brother-in- c law Yakub Khan· and younger brother Shakirullah with the in- struction to carry him to the hospital, Zahidullah immediately pro- ceeded to the police station for reporting the matter. The report was got scribed from Rajendra Prakash Saxena (PW-9) and the same was lodged by him at the police station Kotwali, 0 Rampur, at about 10.15A.M. The FIR was marked as Ext.Ka.1. The chick report is Ext. Ka-3 and copy of the G.D entry was marked as Ext.Ka.4. The investigation of the case was taken over by S.L lqtadar Hussain Rizvi
Excerpt shown. Read the full judgment & AI analysis in Lexace.