GAURI SHANKER SHARMA ETC. versus STATE OF U.P. ETC.

GAURI SHANKER SHARMA ETC. versus STATE OF U.P. ETC.

The High Court materially misdirected itself in accepting the defence alibi and rejecting direct prosecution witnesses; the evidence of arrest on 19.10.1971 and subsequent injuries in police custody was corroborated by medical evidence and false general diary entries; therefore the trial court's convictions (A1 and A3) were correct — A3's conviction is affirmed and A1's acquittal is set aside and his conviction restored; custodial death by police requires stern punishment.

Parties
Appellant (accused No.3): Gauri Shankar Sharma; Respondent (also Appellant in Crl. A. No.477/1979): State of U.P.; Accused No.1; Respondent in Crl. A. No.477 of 1979: Rafiuddin Khan
Jurisdiction
India
Judgment Date
12 January 1990
Procedural Posture
Criminal Appeal / Supreme Court Judgment on Appeals (criminal Appeals Nos. 111 and 477 of 1979)
Outcome
Criminal Appeal No.111 of 1979 dismissed; Criminal Appeal No.477 of 1979 allowed; conviction of Accused No.3 (Gauri Shankar Sharma) affirmed; acquittal of Accused No.1 (Rafiuddin Khan) set aside and his conviction restored; trial court sentences upheld.
Legal Topics
Death in Police Custody, Third Degree Torture, Alibi and Diary Entries, Admissibility of Section 176 Statement, Appellate Interference Under Article 136, Sentencing for Custodial Death
Criminal Law Police Accountability Evidence Law Procedure (criminal Appeals) Anti Corruption Law Death in Police Custody Third Degree Torture Alibi and Diary Entries +3 more

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Parties

Gauri Shankar Sharma

Appellant (accused No.3)

State of U.P.

Respondent (also Appellant in Crl. A. No.477/1979)

Rafiuddin Khan

Accused No.1; Respondent in Crl. A. No.477 of 1979

Procedural Posture

Criminal Appeal / Supreme Court Judgment on Appeals (criminal Appeals Nos. 111 and 477 of 1979)

Legal Issues

  1. 1 Date, time and place of arrest and whether injuries were inflicted in police custody
  2. 2 Reliability of prosecution witnesses (including alleged interested witnesses) and medical corroboration
  3. 3 Admissibility and weight of certified copy of statement recorded under Section 176 CrPC

Ratio Decidendi

The High Court materially misdirected itself in accepting the defence alibi and rejecting direct prosecution witnesses; the evidence of arrest on 19.10.1971 and subsequent injuries in police custody was corroborated by medical evidence and false general diary entries; therefore the trial court's convictions (A1 and A3) were correct — A3's conviction is affirmed and A1's acquittal is set aside and his conviction restored; custodial death by police requires stern punishment.

Court Disposition

Criminal Appeal No.111 of 1979 dismissed; Criminal Appeal No.477 of 1979 allowed; conviction of Accused No.3 (Gauri Shankar Sharma) affirmed; acquittal of Accused No.1 (Rafiuddin Khan) set aside and his conviction restored; trial court sentences upheld.

Orders

  • Criminal Appeal No.111 of 1979 dismissed (conviction of Gauri Shankar Sharma affirmed)
  • Criminal Appeal No.477 of 1979 allowed (State's appeal); acquittal of Rafiuddin Khan set aside and conviction restored as per trial court