1972 (12) TMI 91 - SC - Indian Laws

Summary

Issues Involved:
1. Conviction and sentence of the appellant under Sections 148, 323, and 302 of the IPC.
2. Reliability of eyewitness testimonies.
3. Medical evidence and its correlation with the injuries sustained by the deceased.
4. First Information Report (FIR) and its impact on the case.
5. Appropriateness of the death penalty.

Detailed Analysis:

1. Conviction and Sentence of the Appellant:
The appellant was convicted by the Second Additional Sessions Judge of Thana for offences under Sections 148, 323, and 302 of the IPC and sentenced to death under Section 302, with various terms of rigorous imprisonment under Sections 148 and 323. The High Court upheld the conviction and confirmed the death sentence. The appellant challenged both the conviction and the sentence in the Supreme Court.

2. Reliability of Eyewitness Testimonies:
The trial court relied on the testimonies of Kasam (P.W. 2), Jubeda (P.W. 3), and Hanif (P.W. 5). It was noted that these witnesses did not display any tendency to introduce falsehood in their statements, although Hanif's evidence was read with caution due to its delayed recording. The court found that the appellant was present at the scene with a bow and arrows and was a member of the unlawful assembly, shooting arrows at the deceased victims. The High Court also found no cogent reason to disbelieve these witnesses, noting that there was no reason for them to falsely implicate the appellant. The Supreme Court agreed with the concurrent findings of the lower courts, emphasizing that the testimonies were free from any serious infirmity.

3. Medical Evidence:
The appellant's counsel argued that the medical evidence conflicted with the prosecution's case, suggesting that the injuries could not have been caused by the arrows recovered. However, the Supreme Court found no evidence in Dr. Vinayak Deshpande's (P.W. 12) testimony to support this claim. The doctor explained that if the arrow with a hook was skillfully removed, it might not cause additional damage. The court noted that all recovered arrows did not have hooks and that it was speculative to determine how the arrow came out of Abdul Khalil's body. The court concluded that the medical evidence did not undermine the eyewitness testimonies.

4. First Information Report (FIR):
The appellant's counsel contended that the FIR lodged by Shamsuddin contradicted the evidence given in court by other eyewitnesses. The Supreme Court noted that the FIR is not a substantive piece of evidence and can only be used to corroborate or contradict its maker. Given the severe shock and injuries suffered by Shamsuddin, the court found that the FIR's contents were rightly not given much importance by the lower courts. The FIR could only discredit Shamsuddin's testimony, which was not relied upon for the appellant's conviction. The court found no reasonable doubt in the testimonies of the other eyewitnesses.

5. Appropriateness of the Death Penalty:
The appellant's counsel argued against the death penalty, but the Supreme Court upheld the sentence. The court emphasized that the victims were unarmed and innocent, running in panic to save themselves when they were killed. The murders were motivated solely by the victims' religious faith, which is against the constitutional guarantee of religious freedom. The court found no reason to reduce the sentence, noting that such offences are destructive of social order and national solidarity.

Conclusion:
The Supreme Court dismissed the appeal, upholding the conviction and death sentence of the appellant, emphasizing the reliability of the eyewitness testimonies, the lack of contradiction in the medical evidence, the limited significance of the FIR, and the appropriateness of the death penalty given the nature of the crime.