Conviction under Section 504 IPC Overturned Due to Lack of Evidence, Rigorous Imprisonment Reduced for Remaining Charges
In a significant development, the Allahabad High Court has partially allowed the appeal of three individuals convicted in a 1993 murder case. The Division Bench at Lucknow, comprising Justices Rajnish Kumar and Zafeer Ahmad, has modified the sentences of Suraj Pal, Brij Lal, and Jagat Pal, while setting aside their conviction under Section 504 of the Indian Penal Code (IPC) due to insufficient evidence.
The case, originating from a land dispute in Raebareli, involved the assault of Jageshwar Pasi and others by the appellants using lathis and dandas. The incident led to Jageshwar's death, resulting in the appellants' conviction by the trial court under multiple sections of the IPC, including Section 304 read with Section 34, Section 325 read with Section 34, and Section 506(2).
The High Court upheld the convictions under these sections, finding the testimonies of injured witnesses consistent and corroborated by medical evidence. However, it overturned the conviction under Section 504 IPC, citing the absence of specific evidence proving intentional insult and provocation to breach the peace.
Taking into account the two-decade pendency of the appeal and the appellants' ages, the court reduced the sentence for the offence under Section 304 IPC to ten years of rigorous imprisonment. Additionally, the fine was increased from Rs. 2,000 to Rs. 20,000 per appellant, with the total fine to be distributed as compensation to the deceased's legal heirs.
The appellants, currently on bail, have been directed to surrender within 15 days to serve the modified sentence. The judgment emphasizes the court's balanced approach, considering both legal and humanitarian aspects.
Bottom Line:
Conviction under Section 504 IPC cannot be sustained in absence of proof of intentional insult and provocation to breach public peace or commit an offence. Injured witnesses' consistent testimonies corroborated by medical evidence hold higher evidentiary value even in absence of independent witnesses.
Statutory provision(s): Section 304 IPC, Section 325 IPC, Section 323 IPC, Section 506(2) IPC, Section 504 IPC, Section 34 IPC, Section 313 CrPC, Evidence Act, 1872
Bhoolan v. State of U.P., (Allahabad)(DB)(Lucknow) : Law Finder Doc Id # 2839613
