LAW FOR ALL

Non- explanation of the injuries by the prosecution may not affect the prosecution case. This would "apply to cases where the injuries sustained by the accused are minor and superficial or where the evidence is so clear and cogent, so independent and disinterested, so probable, consistent and creditworthy, that it far outweighs the effect of the omission on the part of the prosecution to explain the injuries." Therefore, no general principles have been laid down that non-explanation of injury on accused person shall in all cases vitiate the prosecution case. It depends on the facts and the case in hand falls within the exception mentioned in paragraph 12 in Lakshmi Singh (supra).” = Sections 147 and 148 IPC , Section 149 IPC = All the six accused on the day of the occurrence had assembled in front of the house of Rameshwar. They were armed with lethal weapons and were threatening to kill the family members of the complainant. Initially the accused persons had assaulted the family members of the complainant with lathis. Thereafter accused Manni Lal fired at PW-2 Ram Sanehi from the weapon he was carrying and injured him. Accused Raj Bahadur fired twice at PW-4 Sarju. Both the shots had missed the target and had instead, caused injuries to Kr. Sheela and one of the shots fired by the said accused Raj Bahadur had resulted in the death of Gayatri Devi. On the said facts, we can find no error in the conviction of the accused Raj Bahadur under Section 302 read with Section 301 IPC as well the conviction recorded against the said accused Raj Bahadur and accused Manni Lal under Section 307 IPC. We are, further, of the view that the facts proved by the prosecution clearly establishes that the accused persons had formed an unlawful assembly the common object of which was to cause death of the members of the family of the complainant. The remaining accused, therefore, are liable under Section 149 IPC for the death of Gayatri Devi and also for the lesser offences committed under Section 307 and 323/149 IPC in the course of prosecution of the common object of the unlawful assembly. It is also our considered view that the conviction of the two sets of accused under Sections 147 and 148 IPC has been correctly made. As the sentences for the lesser offences have been directed to run concurrently with the sentence of life imprisonment imposed on each of the accused there will be no occasion for us to cause any interference with any of the sentences imposed. 16. Accordingly, we find no merit in either of the appeals so as to warrant interference with the judgment and order dated 23.8.2007 passed by the High Court of Allahabad. Consequently, both the appeals shall stand dismissed and the convictions and sentences recorded against each of the accused shall stand affirmed.