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Supreme Court of India
THE HONOURABLE MR. JUSTICE S.B. SINHA & THE HONOURABLE DR. JUSTICE MUKUNDAKAM SHARMA
Satbir Singh & Others
Versus
State of Uttar Pradesh
CRIMINAL APPEAL NO.951 OF 2005
Decided on : 25-02-2009
(b) Criminal trial – Minor discrepancy regarding time of taking food as deposed by wife of the deceased mot material if holistic view is taken – Non-examination of some witnesses also would not be fatal – Non-mentioning of names of accused in the inquest report also not fatal to prosecution case – Inquest report is prepared for the purpose of section 174 CrPC and not for corroborating the prosecution case – All witnesses not attributing specific roles to accused persons – In a group of seven accused assaulting a person it is not possible that all witnesses will be able to attribute specific roles to individual accused – No infirmity in conviction. (Para 27 to 34)
(2008) 11 SCC 337; (1973) 2 SCC 444; (2002) 8 SCC 45; (1975) 4 SCC 153; (1998) 4 SCC 605 – Relied upon
(c) Indian Penal Code, 1860 – Section 149 – Accuse in two groups – First group might not have done any overt act when deceased Jagbandhan objected – But they came back with other persons – They were present at the time of assault of Jagbandhan – Then all of them left for village and murdered Randhir – Prosecution has been able to establish existence of common object amongst all the accused persons. (Para 35, 36)
(d) Indian Penal Code, 1860 – Section 302 r/w section 320 and 321, Code of Criminal Procedure, 1973 – Offence u/s 302 not compoundable u/s 320 and 321 – Settlement of dispute not a ground to direct acquittal – Order 47 Rules 1 and 6 of the Supreme Court Rules not applicable. (Para 37)
Facts of the case:
Appellants, the deceased and the prosecution witnesses are agnates being descendants of one Badan Singh.
Appellants were convicted and sentenced u/s 302 r/w Section 149 and Sections 148 and 323/149 IPC.
High Court affirmed the conviction and the sentence.
Finding of the Court:
There is no reason to interfere with the impugned judgment.
Result:
Appeal dismissed.
Judgment :-
S.B. Sinha, J.
1. Appellants are before us questioning the correctness of a judgment and order of a Division Bench of the High Court of Judicature at Allahabad dated 4th April, 2005 affirming a judgment and order dated 23rd December, 1997 passed by the 1st Additional Sessions Judge, Meerut convicting the appellants herein under Sections 302 read with Section 149 of the Indian Penal Code and Sections 148 and 323/149 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for life, rigorous imprisonment for two years and rigorous imprisonment for three months respectively. The sentences were, however, directed to run concurrently.
2. Appellants, the deceased and the prosecution witnesses are agnates being descendants of one Badan Singh.
3. The genealogical chart of the family is as under:-
4. Enmity between the two parties was a long standing one. It started with murder of one Laxman brother of Tilak Ram (A-1) and father of Dalbir (A-6) as well as Danaahai (A-5). Jagbandhan (deceased No.1), father of Arun and Anirudh along with 10 other persons were prosecuted therefor. Jagbandhan (deceased No.1), Dhum Singh (PW-7) and Gandhari wife of Ajab Singh (PW-6) were convicted, but others were acquitted in that case. However, the High Court on an appeal preferred by the said four persons acquitted them. Proceedings under Sections 107/117 of the Code of Criminal Procedure had also been initiated by and against both the parties.
5. The incident in question took place on 27th November, 1997 at about 11.00 a.m. According to the first information report which was lodged by Suresh Chandra (PW-1), at about 10.00 a.m. he along with his cousin Jagbandhan (deceased No.1) and brother-in-law Ajab Singh were working in their fields. Tilak Ram, Satbir, Vakil and Lekhpal were also ploughing their field. At that time, they started cutting soil from the ridge of their field to which Jagbandhan objected. To this the accused persons started abusing him. Randhir (deceased No.2) intervened. Tilak Ram (A-1) and his three sons Satbir (A-4); Valil (A-2) and Lekhpal (A-3) left the field extending threats. They returned with Dalbir (A-5) ; Dansahai (A-6) and Harvir (A-7).
6. Accused Tilak Ram, Dalbir and Harvir were armed with ballam; Vakil and Lekhpal were armed with Balkari and Satbir and Dansahai were armed with Bhala. Deceased No.1 Jagnandhan was smoking a ‘Hukka at that time. He was assaulted by the accused persons in presence of Suresh Chandra (PW-1), Mithan (PW-5) and Ajab Singh (PW-6). PW-5, Mithan is also an injured eye witness.
7. Ajab Singh (PW-6), Sachitanand and Janmajay, upon hearing the cries, ran towards the scene of occurrence. Accsued Satbir, Vakil and Lekhpal chased them. They fled and took shelter in the field of Bakhty. Mithan (PW-5), who was working in his field was also attracted by the noise. They intercepted him. Satbir assaulted him with Bhala. Meanwhile Tilak Ram reached there and asked the accused persons to leave him and proceed to the village to do away with Randhir. Accused persons thereafter went towards the Village. Randhir was sitting on his cot in his ‘gher. His wife Kishan Devi (PW-4) was cleaning the buffalo. On seeing the accused, Randhir (deceased No.2) tried to run away to save his life but was chased, surrounded and assaulted by the accused persons. He died on the spot. Upon being informed by Mithan (PW-5) that accused had gone towards the village to do away with Randhir they rushed towards the ‘gher of Randhir where they were told about the occurrence.
8. We may place on record tat accused Tilak Ram (A-1) has since died.
9. Prosecution examined five eye witnesses i.e. PWs. 1, 5 and 6 in relation to the first incident i.e. murder of Jagbandhan (deceased No.1) and PW-4 and PW-7 in relation to the second incident i.e. murder of Randhir (deceased No.2). Sachitanand and Janmajay were, however, not examined.
10. Police station Dodhar is situated at a distance of about 2 miles from the place of o
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