2001 (5) TMI 956 - SC - Indian Laws

Summary

Issues Involved:
1. Acquittal of accused Nos. 1, 2, and 5 by the High Court.
2. Non-explanation of injuries sustained by accused persons.
3. Non-examination of independent witnesses.
4. Determination of the place of the incident.
5. Specific overt acts attributed to each accused person.
6. Nature of the offence committed by accused No. 2.

Summary:

1. Acquittal of accused Nos. 1, 2, and 5 by the High Court:
The High Court acquitted the accused persons mainly on the grounds that the prosecution witnesses did not explain the injuries sustained by the accused, suggesting suppression of the incident's genesis. The High Court inferred that the accused were in grave apprehension of death or grievous injury and acted in self-defense. Additionally, the High Court found fault with the prosecution for not examining independent witnesses.

2. Non-explanation of injuries sustained by accused persons:
The Supreme Court held that non-explanation of injuries on the accused does not necessarily discredit the prosecution's case. The court must be satisfied that the injuries were serious and occurred during the incident. The High Court erred in dismissing the prosecution case solely on this ground without appreciating the evidence.

3. Non-examination of independent witnesses:
The Supreme Court noted that non-examination of independent witnesses is not always fatal to the prosecution's case. The court must consider whether the existing witnesses are reliable and whether additional witnesses would have provided repetitive or unnecessary evidence. In this case, the prosecution's witnesses were found to be consistent and reliable.

4. Determination of the place of the incident:
The Sessions Judge found that the incident took place in the village chowk, not near the houses of the accused. This conclusion was based on bloodstains and other evidence at the chowk, and the absence of such evidence near the accused's houses. The Supreme Court agreed with this finding, rejecting the defense's version of the incident occurring near the accused's houses.

5. Specific overt acts attributed to each accused person:
The Sessions Judge identified specific acts by each accused:
- Accused No. 1 (Kubersing) caused fatal injuries to Amuji Narsingji and Narsingji Hiraji, leading to his conviction u/s 302 IPC.
- Accused No. 2 (Magansing) caused fatal injuries to Sabuji Viraji, initially leading to a conviction u/s 302 IPC, but later modified by the Supreme Court to u/s 304 Part II IPC.
- Accused No. 5 (Gajrabai) caused grievous hurt to Viraji Devaji, leading to her conviction u/s 325 IPC.

6. Nature of the offence committed by accused No. 2:
The Supreme Court found that the medical evidence did not conclusively show that the injury caused by accused No. 2 was sufficient to cause death in the ordinary course of nature. Therefore, the conviction was altered from u/s 302 IPC to u/s 304 Part II IPC, considering it culpable homicide not amounting to murder.

Conclusion:
The Supreme Court restored the convictions and sentences of accused Nos. 1 and 5 as determined by the Sessions Judge. The conviction of accused No. 2 was modified to u/s 304 Part II IPC with a sentence of five years rigorous imprisonment and a fine. The appeals were partly allowed, and the High Court's judgment was set aside.