Injured witnesses' reliable testimony and medical evidence solidify the conviction of appellant in Bijnor assault case.
In a significant ruling, the Allahabad High Court has upheld the conviction of Jabir, one of the appellants in a high-profile murder case, affirming the decision of the Sessions Judge, Bijnor. The case, originating from a 1985 incident, involved the murder of Mamman Hussain and assaults on Zahid and Sharifan, leading to charges under Sections 302, 307, and 323 of the Indian Penal Code, aided by Section 34 for common intention.
The Division Bench, comprising Justices Salil Kumar Rai and Padam Narain Mishra, dismissed the appeal, emphasizing the reliability of the ocular evidence provided by the injured witnesses. The court noted that minor discrepancies in witness testimonies did not undermine the core of the prosecution's case, which was further bolstered by prompt medical examinations and corroborating circumstances.
The case stemmed from a violent altercation on December 18, 1985, when the accused, armed with a lathi and tabals, attacked Mamman Hussain, Zahid, and Sharifan. The incident was reportedly fueled by suspicions surrounding the alleged elopement of Ashraf's wife, a relative of the appellants, with Ahsan, who was distantly related to the victims.
Despite arguments from the defense highlighting inconsistencies in witness statements and the non-examination of key witnesses, the court maintained that the prosecution's evidence was robust and credible. The judges pointed out that the non-examination of additional witnesses did not create a material gap in the prosecution's narrative, given the reliable direct evidence from those injured.
The High Court underscored that the absence of a strong motive did not negate the direct evidence implicating the appellants. The coordinated actions of the accused during the assault, arriving together and jointly attacking the victims, were deemed sufficient to establish common intention under Section 34 IPC.
With the appeal dismissed, the court ordered Jabir to surrender before the trial court within a month to serve his sentence. The appeal had already abated regarding the other two appellants due to their deaths.
The ruling reaffirms the principle that reliable eyewitness testimony, especially from those injured in the incident, can significantly uphold a conviction, even when other evidentiary gaps are present.
Bottom Line :
Conviction under Sections 302, 307, and 323 IPC with the aid of Section 34 IPC upheld based on reliable ocular evidence from injured witnesses, supported by medical examination and surrounding circumstances. Failure to establish motive or non-examination of certain witnesses does not discredit otherwise reliable evidence.
Statutory provision(s): Indian Penal Code Sections 302, 307, 323, 34; Evidence Act, 1872; Criminal Procedure Code, 1973 Section 313
Asgar v. State, (Allahabad)(DB) : Law Finder Doc id # 2963115
