Case: State Of U.P Vs. Abdul Karim

following ante-mortem injuries on his person: 1. Lacerated wound 2.5 cm x .5 cm x scalp deep over left side head 9 cm above left ear, placed obliquely.2. Lacerated wound 2 cm x 5 cm. X scalp deep over right side head 7 cm above right ear, placed obliquely.3. Lacerated wound 3 cm x 1 cm. X scalp deep over top of head in middle, placed obliquely.4. Multiple clotted contusions in an area of 24 cm x 4 cm over outer aspect of right arm from upper to lower end.5. Abraded contusion 3 cm x 2 cm over back of right elbow.6. Contusion 4 cm x 3 cm over dorsum of right hand.7. Multiple abraded contusion in area of 6 cm x 1.7 cm over of left shoulder.8. Multiple abraded contusions in an area of 25 cm x 8 cm over back and anterior aspect of left arm, from shoulder to elbow.9. Two lacerated wounds-one 3 cm x 5 cm x 6 cm deep and other 2 cm x 5 cm x bone deep over back of left forearm in upper third.10. Abraded contusion 10 cm x 4 cm area over back of left forearm.11. Contusion 6 cm x 4 cm over dorsum of left hand and left ring finger is fractured.12. Multiple contusions in an area of 36 cm x 11 cm over outer aspect of left thigh and left buttock placed parallel to each other and two parallel lines in every contusion.13. Multiple lacerated wounds in an area of 21 cm x 5 cm xbone deep over front of left leg.14. Lacerated wound 1 cm x 1 cm x 6 cm deep outer aspect of left knee.15. Multiple contusions in an crea of 6 cm x 2 cm over back of leg in upper third.16. Lacerated wound 4 cm x 1.5 cm x bone deep over front ofright led in middle and both bones are fractured.17. Contusion 4 cm x 3 cm over outer aspect of right knee.18. Contusion 2 cm x 1 cm right side chest 9 cm from nipple at 5 0 clock position.19. Multiple contusions in an area of 43 cm x 26 cm over whole of back from shoulder to waist placed parallel and obliquely. Two parallel lines seen in every contusion. 4. On internal examination, he found parietal bone and axillary bone fractured and brain and membrane congested. Blood present around the membrane. Heart was full on right side with blood whereas it was empty on left side. Stomach and small intestines were empty whereas large intestine was half full. Death was due to shock and haemorrhage resulted through antemortem injuries. He proved postmortem examination report Ex. Ka. 1 and he had sent the same alongwith blood stained shirts and underwear of the deceased in a sealed packet to the Investigating Officer. In his opinion the injuries and death of the deceased was possible at 12-4-1978 at about 7-8 A.M. through iron rod, spade and Kassi. 5. After the investigation was completed charge sheet was filed. But the accused persons pleaded innocence and claimed to be tried. Five witnesses were examined to further the prosecution version. Smt. Mango (PW-1) widow of the deceased, Chhotey (PW-2) brother of wife of the deceased and Mukhtar Ahmad (PW-3) son of the deceased were stated to be eye witnesses. The trial Court found the evidence of PWs 1, 2 and 3 to be credible and cogent and convicted the respondents as afore-stated. 6. In appeal, the High Court analysed the evidence to hold that the prosecution has failed to establish its accusations. Accordingly, the judgment of acquittal was passed. 7. In support of the appeal, learned counsel for the appellant-State submitted that the evidence of PWs 1, 2 and 3 leaves no manner of doubt that the respondents were the assailants and the trial Court had rightly convicted them. 8. Learned counsel for the respondents on the other hand supported the judgment of acquittal. 9. As rightly noted by the High Court the fate of the case depends on the acceptability of the evidence of PWs 1, 2 and 3. PW-1 partially resiled from her statement made during investigation. According to her, she saw the assailants from a distance of one mile. Sugarcanes were standing in the field which intervened between the place where she was and the field where the incident occurred. She accepted that she had not herself seen the assault but saw the accused persons while they were making their escape towards the jungle. As noted above, she claimed to have seen them running from a distance of one mile. She further admitted that in between the village and her field the number of fields were situated where sugarcane and wheat crops were standing.10. PW-2 stated that he had also seen the accused persons committing the assaults. But in the cross examination he admitted that he had come to the place when the assault was over and he had seen the accused persons running towards the jungle in the sugarcane field. He accepted that he was with PW 1.11. PW-3 was a child of 9 years at the time of incident. He also admitted to have seen the accused persons running away with their backs towards him standing near his mother.12. The evidence of PWs 1, 2 and 3 clearly indicated that they were far away from the field where the alleged incident took place. The High Court noted that identification was practically impossible from such a large distance particularly when the field was obstructed by standing crops of sugarcane which were not less than 6-7 ft in height. The High Court therefore rightly observed that they could not have seen the assaults not only because of the distance but because of the presence of heights of crops of sugarcane. Additionally, though all the witnesses stated that the accused persons were carrying sharp cutting weapons and rods, not even one injury was an incised one. All the injuries were either lacerated wounds or contusion.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]9. As rightly noted by the High Court the fate of the case depends on the acceptability of the evidence of PWs 1, 2 and 3. PW-1 partially resiled from her statement made during investigation. According to her, she saw the assailants from a distance of one mile. Sugarcanes were standing in the field which intervened between the place where she was and the field where the incident occurred. She accepted that she had not herself seen the assault but saw the accused persons while they were making their escape towards the jungle. As noted above, she claimed to have seen them running from a distance of one mile. She further admitted that in between the village and her field the number of fields were situated where sugarcane and wheat crops were standing.10. PW-2 stated that he had also seen the accused persons committing the assaults. But in the cross examination he admitted that he had come to the place when the assault was over and he had seen the accused persons running towards the jungle in the sugarcane field. He accepted that he was with PW 1.11. PW-3 was a child of 9 years at the time of incident. He also admitted to have seen the accused persons running away with their backs towards him standing near his mother.12. The evidence of PWs 1, 2 and 3 clearly indicated that they were far away from the field where the alleged incident took place. The High Court noted that identification was practically impossible from such a large distance particularly when the field was obstructed by standing crops of sugarcane which were not less than 6-7 ft in height. The High Court therefore rightly observed that they could not have seen the assaults not only because of the distance but because of the presence of heights of crops of sugarcane. Additionally, though all the witnesses stated that the accused persons were carrying sharp cutting weapons and rods, not even one injury was an incised one. All the injuries were either lacerated wounds or contusion.