Gopal Singh Vs State Of MP
Gopal Singh Vs State Of MP…Respondent.
Two deceased Rajmohan and Niranjan Singh went to Kammusarkala to buy sugar. While returning six people attacked them and – Were severely beaten by the six accused with “Lathis”, and “Farias”.
Report to police –
Maina Banjara PW3, Daulat Singh PW4 and Sumer Singh PW10.
Back to a spot of crime –
Sumer Singh and Maina Ban Jara and several others then returned to the spot whereafter Niranjan Singh and Rojmohan made oral dying declarations that they had seen beaten by the six accused with the aforementioned weapons, two died a short while later.
Intimidation of the incident was also received in Police station Berasia at 3.40 P.M. by telephone and was recorded in ex.P-3 on which sub inspector O.P Katiyar Pw13 reached the place of the incident along with a police force and found the dead bodies. A rule was recorded at 4.40 P.M. at the site and opened its basis a formal FIR was registered red in the police station.
The dead bodies were thereafter dispatched to the hospital for post-mortem which was performed by Dr. R.K Sharma PW1 who found 28 injuries on each of the two deceased. During the investigation, the accused were arrested, and based on their disclosure statements, the weapons of offense were also recovered.
The police also ascertained that the two parties were very closely related.
Prosecution Vs Defense –
The prosecution in support of his case relied primarily on the eye-witness account of fear Singh PW5 and on the oral dying declarations made by the two deceased to Daulat Singh PW4, Harnath Singh PW9, Sumer Singh PW10, and Shivraj Singh PW11. In addition, the prosecution relied on the recoveries made under the disclosure statements of the accused.
Land dispute –
The court also observed that from the evidence on record, it was amply clear that the relations between the two sets of brothers. Were very strained and several criminal litigations inter-use them about a land dispute. Had started in the year 1984 and was subsisting even on the date of the murder and that the periodic.
Police is a lair –
The Court, however, disbelieved the statement of the sub-inspector that he had reached the place of incident at 4 PM observing that if the information had been received at 3.45 P.M it would not have been possible for him to have covered the 18 distance through a very rustic rural road within minutes.
Trial court’s conclusion –
I conclude that the report was lodged with unwarranted delay and the prosecution has since failed to provide any logical explanation thereof. under the above circumstances, prima facie the story put forth by the prosecution is highly doubtful.’ The story of the dying declaration was made up, unnatural, and non-dependable.
High Court –
The High Court convicted the accused and set aside the acquittal based on the oral dying declarations made by the two deceased to the four witnesses.
Supreme Court –
The High Court has examined the reliability of the oral dying declarations made by the two deceased to the four witnesses but while observing that there were substantial discrepancies inter-se. Each of them has still chosen to rely on their statements. The court has ignored the statement of Dr. Sherma PW who opined that the injured would have been rendered unconscious within 10 to 15 minutes after receiving their injuries by opining that this fact varies from to person.