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TMI Blog2015 (7) TMI 1432X X X X Extracts X X X X X X X X Extracts X X X X ..... nex were also broken. The external examination and injuries indicated in the post mortem suggest crushing injuries - In the face of these facts, the assessment that the medical evidence belies that the deceased was repeatedly crushed under the wheels of the tractor, is completely incorrect. Further, the area where the incident occurred is such where a vehicle would not enter by mistake causing an accident but the attempt was definitely deliberate. The complaint Ext.P1 shows that PW1 and the deceased had gone at a distance from the village for easing themselves. Narrative clearly shows that it was at that stage that the tractor was driven straight towards the deceased - the version coming from PW1 to be consistent, supported by all relevant circumstances and lodged with promptitude. Having found his presence to be natural and his version getting complete support on material particulars, the witness is completely trustworthy. It is well settled that in such circumstances it is open to an appellate court to consider the matter afresh RAMESH BABULAL DOSHI VERSUS STATE OF GUJARAT [ 1996 (5) TMI 429 - SUPREME COURT ]. Having undertaken such exercise, it is concluded that PW1 is a natural ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sant Lal Dubey and others. This led to the filing of Civil Suit No.160 of 1993 by Brahmadeen seeking cancellation of sale deed dated 09.09.1992, submitting, inter alia, that the deed in question was a sham document which was obtained by setting up an imposter in place of the owner i.e. Brahmadeen Dubey. B) On 16.11.1994, brother-in-law of Brahmadeen named Kedar Nath Dubey was murdered while sons of Kedar Nath were also injured in the transaction. In respect of said incident, Basant Lal Dubey and his three sons Lalji, Gyan Prakash and Om Prakash were facing trial for having caused the murder of Kedar Nath and injuries to his sons. C) Civil Suit No.163/1993 was at an advanced stage of trial. The matter depended upon the testimony of Brahmadeen. Around this time, Brahmadeen was assaulted with lathi and dandas by Basant Lal Dubey and his sons, Lalji, Om Prakash, Gyan Prakash. In respect of said assault a separate case was registered and was also going on. D) Brahmadeen aged about 90 years was living with the sons of Kedar Nath Dubey on whom he depended because of his old age. E) On 26.11.1998 at about 8.00 in the morning PW1 Kamla Kant Dubey, son of Kedar Nath Dubey alongwith Brahm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nama showed marks of tyres in circular or round motion. In the inquest it was found as under: "The dead body was lying in the chak of Badri Narayan Dubey in flat position, the head as towards West, legs were facing East, right hand was on the stomach, left hand was on the earth, the mouth was open, right eye was also open, left eye is closed, left leg was straight, right leg was bent upon the ankle of the leg was on the mend of the chak-road, on the left side of the dead body there was a bamboo Danda and Lota of steel, some portion of the face of the deceased was inside the earth. The description of the dead body is that he is of fair complexion, the face is round, well built body with eye, ear and nose and the age was about 90 years. On the dead body of deceased there was a white dhoti, a banyan of brown khakhi colour, a full handed sweater of brown colour and janew of red colour, gamacha of cross border, havai chappal but on search nothing was recovered. On making inspection of the injuries on the dead body:- 1. Towards right side the portion of head was pressed. 2. On account of head injury the parietal bone was coming out and blood was oozing 3. On account of inju ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e murder of Brahmadeen in the manner as stated above. 7. During the trial, prosecution examined six witnesses. PW1 Kamla Kant Dubey, an eye witness reiterated his assertions made in the complaint and stated, inter alia, (i) about the civil litigation and that Brahmadeen had filed civil suit seeking cancellation of sale deed in favour of Basant Lal, submitting that was obtained fraudulently ; (ii) that his father Kedar Nath Dubey was murdered in respect of which said Basant Lal Dubey and his sons Lalji, Om Prakash and Gyan Prakash were facing trial; (iii) that the accused had assaulted Brahmadeen with lathies and dandas in respect of which a separate case was also going on; and (iv) regarding the present incident in question which resulted in the death of Brahmadeen. In his testimony he also stated that as a result of his shouts other villagers including PW3 Shyam Narayan had reached the place of occurrence. In his cross examination, the assertions that there was a civil litigation initiated by Brahmadeen, that the accused were also facing charge of having caused the murder of Kedar Nath Dubey and that a separate case for having assaulted Brahmadeen was pending against them, were n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... were going to Chak road whereas the situation was now improved upon by stating that he had gone for answering the call of nature. It was also observed that the ocular account was in conflict with the medical opinion. It stated as under: "The counsel for the appellant submits that ante mortem injuries are in conflict with ocular account. In this connection, we may advert again to the prosecution case according to which the deceased was repeatedly crushed under the wheels of the tractor. Our particular attention was drawn to injury No.1 which could be result of the crushing by the wheel of tractor but in so far as injury No.6 is concerned, it is only on the left part of chest resulting in internal damage to the ribs but had he been crushed under the tyres, then right chest should have also sustained similar injuries. By this reckoning, the medical evidence belies the prosecution case that the deceased was repeatedly crushed under the wheels of the tractor. In the circumstances the submission of the learned counsel gains ground that the deceased came under the wheel of the unidentified tractor by accident and the version of PW1 with regard to this vital fact appears to be inherently ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in the post mortem suggest crushing injuries. At least two areas, the left side of the skull and the left side of the chest appear to be crushed under the impact, which is consistent with ocular version. The spot panchnama Ext.Ka.14 shows tyre marks having round or circular motion which indicate that the vehicle must have been brought back and used for repeated crushing. In the face of these facts, the assessment that the medical evidence belies that the deceased was repeatedly crushed under the wheels of the tractor, is completely incorrect. Further, the area where the incident occurred is such where a vehicle would not enter by mistake causing an accident but the attempt was definitely deliberate. 14. We now proceed to consider the reasons which weighed with the High Court while discarding the evidence of the eye witness. The complaint Ext.P1 shows that PW1 and the deceased had gone at a distance from the village for easing themselves. Narrative clearly shows that it was at that stage that the tractor was driven straight towards the deceased. We do not see how there was an improvement in the version in court as against the one which finds mention in the complaint Ext.P1 or tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... natural and his version getting complete support on material particulars, in our considered view, the witness is completely trustworthy. 17. It is settled principle that a conviction can well be founded on the testimony of a single witness if the court finds his version to be trustworthy and corroborated by record on material particulars Ramnaresh vs. State of Chhattisgarh reported in (2012) 4 SCC 257 which in turn relied upon Joseph vs. State of Kerala : (2003) 1 SCC 465 and State of Haryana vs. Inder Singh : (2002) 9 SCC 537 . We find on the touchstone of these principles the testimony of PW1 is completely trustworthy. Out of three infirmities found by the High Court, one regarding place of occurrence is not correct at all. So far as other two infirmities are concerned, it is well accepted principle that the first information report need not contain every single detail and every part of the case of the prosecution. However, assuming them to be improvements, in our view the basic substratum of the matter does not get affected by such improvements at all. Even after segregating the part which appears to be introduced as improvement, the testimony of PW1 is clear and creditworthy. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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