Radha Mohan Singh @ Lal Sahed vs State Of U. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2006 Supreme(SC) 59

Radha Mohan Singh @ Lal Sahed – Appellant
Versus
State Of U. P. – Respondent

Judgement Key Points

What is the proper application of Section 302 IPC with or without the aid of Section 149 IPC in a case where only one accused inflicted a fatal stab wound? What is the scope of Section 174 Cr.P.C. inquest and its evidentiary value regarding absence of eye-witness details or weapon descriptions in the inquest report? What is the appropriate approach when there is a difference of opinion among High Court judges on a criminal appeal and a third judge must decide the case under Section 392 Cr.P.C.?

Key Points: - (!) - (!) - (!)

What is the proper application of Section 302 IPC with or without the aid of Section 149 IPC in a case where only one accused inflicted a fatal stab wound?

What is the scope of Section 174 Cr.P.C. inquest and its evidentiary value regarding absence of eye-witness details or weapon descriptions in the inquest report?

What is the appropriate approach when there is a difference of opinion among High Court judges on a criminal appeal and a third judge must decide the case under Section 392 Cr.P.C.?

Judgment

G.P. Mathur, J.—These appeals by special leave have been preferred against the judgment and order dated 9.7.2004 of Allahabad High Court by which the appeal preferred by the appellants was dismissed and their conviction under Sections 147, 148 and 323, 324 & 302 all read with Section 149 IPC as recorded by the learned Sessions Judge and the sentences awarded thereunder were affirmed. The appellants were awarded various terms of imprisonment on different counts including sentence of imprisonment for life under Section 302 read with Section 149 IPC.

2. According to the case of the prosecution the incident giving rise to the present appeals took place in Village Sivpur Deeyar Nai Basti in the district of Ballia. The first informant PW-1 Ganesh Singh was residing in the village while his elder brother Hira Singh (deceased) was carrying on business in Calcutta. Five days before the present incident, which took place on 14.3.1979, accused Radha Mohan Singh (A-1), Kaushal Kishore Singh (A-5) and some others had assaulted Udai Narain. PW-1 Ganesh Singh was a witness of the said incident and his statement had been recorded under Section 161 Cr.P.C. The deceased Hira Singh had come to

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2006 Supreme(SC) 59

Radha Mohan Singh @ Lal Sahed – AppellantVersusState Of U. P. – Respondent

What is the proper application of Section 302 IPC with or without the aid of Section 149 IPC in a case where only one accused inflicted a fatal stab wound?

What is the scope of Section 174 Cr.P.C. inquest and its evidentiary value regarding absence of eye-witness details or weapon descriptions in the inquest report?

What is the appropriate approach when there is a difference of opinion among High Court judges on a criminal appeal and a third judge must decide the case under Section 392 Cr.P.C.?

Radha Mohan Singh @ Lal Sahed – Appellant
Versus
State Of U. P. – Respondent