2015 Supreme(SC) 116

SUPREME COURT OF INDIA
SUDHANSU JYOTI MUKHOPADHAYA, N.V. RAMANA, JJ.
STATE OF U.P. – APPELLANT
VERSUS
OM PRAKASH – RESPONDENT
Criminal Appeal No. 1187 of 2006
WITH
RAM SWAROOP & ORS. – APPELLANTS
VERSUS
STATE OF U.P. – RESPONDENT
Criminal Appeal No. 1186 of 2006
AND
OM PRAKASH & ORS. – APPELLANTS
VERSUS
STATE OF U.P. – RESPONDENT
Criminal Appeal No. 773 of 2007
Decided On : 13-01-2015

IMPORTANT POINT
Now Imprisonment for life is the rule and capital sentence is an exception.

Headnote:Criminal trial – Evidence of prosecution witnesses – Consistent and corroborative – Witness evidence corroborated by medical evidence and recovery of weapons – Held, prosecution proved its case beyond reasonable doubt – No interference is warranted with conviction. (Para 22)

       Criminal trial – Death sentence – Rarest of rare cases – Imprisonment for life the rule and capital sentence an exception – Accused trying to kill the victims – The Kothari where the victims took shelter set ablaze – Victims who tried to run away assaulted – Motive attributed by prosecution not probable – Case not falling within rarest of rare cases – No interference in sentence warranted. (Para 24, 32, 33)

       (1983) 3 SCC 470; (1980) 2 SCC 684; (2003) 7 SCC 141; (2012) 5 SCC 766; (2011) 12 SCC 56; AIR 1995 SC 264; (2010) 9 SCC 747 – Relied upon

       Facts of the case:

       An FIR was lodged by the Complainant Lalta Prasad alleging that while he along with Hem Raj, Moti Ram Kundan, Shiv Charan Lal S/O Hai Shankar and his father Devi Ram were sitting at his crusher and celebrating the festival of Holi along with relatives and friends, the accused No. 7 Ram Swaroop appeared there with the company of other accused carrying different types of arms and attacked them. The motive behind their attack was that about ten months prior to the incident, Imarati Devi, wife of accused No. 7 (Ram Swaroop) had contested and lost the election for the post of Gram Pradhan and Ram Swaroop (accused No. 7) had threatened the villagers to bear the brunt for not getting his wife elected to the post. He, therefore, wanted to take revenge on the villagers.

       According to the complainant, Ram Swarup (accused No. 7) exhorted other accused to kill the complainant party. Out of fear, the complainant with his family and friends ran helter skelter to save their lives. The accused party chased them assaulted them indiscriminately and opened fire. When some of the members of the complainant party entered into a kothari (a small room in the field) to save themselves from the ruthless firing of accused party, the women accused carrying kerosene oil with them, poured the same on the khaprail of the Kothari and Ram Swaroop (accused no. 7) set it ablaze from the front side and Uma Shankar (accused No. 34) set the fire from back side. Moti Ram, a victim, tried to jump from the roof of the Kothari but he was shot by Ram Swaroop (accused No. 7) resultantly he fell in the fire. Similarly, other victims Hem Raj, Chunni Lal and Mahendra Pal tried to come out of the Kothari, but they too were shot. When the accused left the place, the complainant found Mahendra Pal lyind dead in a drain, Moti Ram was lying in the Kothari in a burnt condition. The dead bodies of Hem Raj and Chunni Lal were found in the fields.

       The Trial Judge after full-fledged trial came to the conclusion that accused Ram Swarup, Jaganlal, Ram Bharose, Uma Shankar, Tulsi, Narayan, Ashok Kumar, Kunwarsen, Lalaram, Ram Swarup, Pati Ram, Hori Lal, Om Prakash S/O Mansharam, Ram Chandra, Bhagwat Swarup, Lalta Prasad, Bhagirath, Budh Sen, Baljit, Nanhe Lal, Dalchand, Sri Krishna, Mahesh, Dharamvir, Lalman, Chetram, Kalicharan, Gayadin, Nanhulal, Kanhailal, Nokhelal, Ram Bhadur, Om Prakash, Ram Swarup S/O Kanhai Lal, Smt. Maya Devi, Smt. Imrati Devi and Smt. Sunita Devi are guilty for the offences under Sections 147, 148, 436/149, 302/149, 307/149 and Section 506, IPC, Section 7 of the Criminal Law Amendment Act and Section 4 read with Section 25 of the Arms Act. They were accordingly sentenced with 2 years R.I. for the offence under Section 148 IPC, 10 years R.I. under Section 436/149 IPC, 10 years R.I. under Section 307/149 IPC, 2 years R.I. for the offence under Section 506 IPC, 6 months R.I. and one year R.I. for the offences punishable under Sections 7 of the Criminal Law Amendment Act and Section 4/25 of the Arms Act, respectively. Accused Ram Swarup S/O Horilal, Jagan, Pati Ram, Om Prakash S/O Mansha Ram, Ram Chandra, Bhagwat Swarup, Lalta Prasad, Bhagirath, Budhsen, Baljit, Nanhey Lal, Ram Swarup S/O Kanhai Lal were held guilty of the offence under Section 302/149, IPC. The trial Court thus imposed death penalty against those 12 accused. All the sentences awarded to the accused were however directed to run concurrently.

       The High Court affirmed the conviction of the accused and upheld the sentence awarded by the Trial Court against all the accused except accused Nos. 1, 2, 3, 7, 8, 9, 10, 11, 12, 13, 14 and 20. The High Court modified the sentence of death to these accused (12 in number) to the imprisonment for life opining that the offence committed by them does not fall under the category of rarest of rare cases.

       Finding of the Court:

       Impugned judgment does not warrant interference.

       Result: Appeals dismissed.