Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 Supreme(SC) 395

SUPREME COURT OF INDIA
Pinaki Chandra Ghose, R.K. Agrawal, JJ.
Sanjeev Kumar Gupta – Appellant
Versus
State of U.P. (Now State of Uttarakhand) – Respondent
CRIMINAL APPEAL NO. 507 OF 2013
WITH
Saurabh - Appellant
Versus
State of U.P. (Now State of Uttarakhand) - Respondent
CRIMINAL APPEAL NO. 508 OF 2013
AND
Nitin @ Vippu - Appellant
Versus
State of U.P. (Now State of Uttarakhand) - Respondent
CRIMINAL APPEAL NO. 509 OF 2013
AND
Dheeraj Kalra - Appellant
Versus
State of U.P. (Now State of Uttarakhand) - Respondent
CRIMINAL APPEAL NO. 510 OF 2013
AND
Bhagat Singh - Appellant
Versus
State of U.P. (Now State of Uttarakhand) - Respondent
CRIMINAL APPEAL NO. 511 OF 2013
AND
Som Prakash - Appellant
Versus
State of U.P. (Now State of Uttarakhand) - Respondent
CRIMINAL APPEAL NO. 512 OF 2013
AND
Rishi Kumar - Appellant
Versus
State of U.P. (Now State of Uttarakhand) - Respondent
CRIMINAL APPEAL NO. 513 OF 2013
Decided on: 08-05-2015

Advocates:
Advocate Appeared:
For Appellants: Mr. Y. Prabhakara Rao, Adv., Mr. K.T.S. Tulsi, Sr. Adv., Mr. R.S. Suri, Sr. Adv., Mr. A. Sharan, Sr. Adv., Mr. Nagendra Rai, Sr. Adv., Mr. Rahul Malhotra, Adv., Mr. Avinash Kumar, Adv., Mr. Chanchal Kumar Ganguli, Adv., Ms. Aprajita Mukherjee, Adv., Mr. Umang Shankar, Adv., Mr. M. C. Dhingra, Adv., Mr. Rajesh Sachdeva, Adv.
For Respondents: Mr. Aditya Singh, Adv., Mr. Jatinder Kumar Bhatia, Adv., Mr. Jatinder Kumar Sethi, Adv., Mr. Umesh Arora, Adv., Mr. Prem Prakash, Adv., Dr. Abhishek Atrey, Adv., Mr. Ashutosh Kr. Sharma, Adv., Mr. Sumit Rajora, Adv.

IMPORTANT POINTS
Minor discrepancies in evidence, and non-recovery of weapon or recovery of blood stained clothes after six days would not be fatal to the prosecution case when other impeccable ocular and medical evidence support the prosecution case.
Common intention to kill may arise on the spur of the moment.

Headnote:(a) Criminal trial – Appreciation of evidence – Place of occurrence – Assault made at one place – Victim ran and fell down after 10-20 steps – May be presumed to be one or two places – No discrepancy in evidence. (Para 26)
       (b) Criminal trial – Appreciation of evidence – Testimonies of witnesses consistent on the whole – Minor discrepancies in evidence – Do not weaken prosecution case. (Para 27)
       (c) Criminal trial – Appreciation of evidence – Statement given in FIR and in the court – Discrepancy – Not fatal particularly when medical evidence supports prosecution case – Such testimonies held reliable and without improvement. (Para 28)
       (2002) 4 SCC 679 – Relied upon
       (d) Criminal trial – Faulty investigation – Non-recovery of weapon – Recovery of blood stained clothes after six days – Prosecution case cannot be thrown out merely on these grounds when other impeccable ocular and medical evidence support the prosecution case. (Para 29)
       (2013) 12 SCC 746 – Relied upon
       (e) Indian Penal Code, 1860 – Section 149 – All accused persons forming unlawful assembly with a common object to threaten and prevent the deceased and other persons from contesting College elections – Common intention to kill may arise on the spur of the moment – Section 149 rightly invoked. (Para 30)
       (2011) 9 SCC 257 – Relied upon
       Facts of the case:
       On 24.9.96 at about 10:30 A.M., Vipin Singh Negi, Alok Chandana, Suyesh Kukreti and Rajneesh Chhatwal were assaulted by accused Dheeraj Kalra, Rish Kumar, Som Prakash, Saurabh, Nitin @ Vippu, Bhagat and Sanjeev Kumar @ Happy because Vipin Singh Singh Negi and Alok Chandana refused to withdraw their names from the election of Commerce Faculty of the College. Alok Chndana and Vipin Singh Negi received serious injuries. Alok Chandana was immediately taken to Coronation Hospital by some College students but he succumbed to his injuries on the succeeding day. Vipin Singh Negi lodged a written complaint of the incident at the Police Station, Dalanwala.
       The Trial Court convicted Dheeraj Kalra, Surabh, Rishi Kumar, Nitin @ Vippu, Som Prakash, Bhagat and Sanjeev @ Happy under Section 302 read with Section 149 of I.P.C. and sentenced them to imprisonment for life and a fine of Rs.10,000/- was imposed on each of them. All the accused persons were also convicted under Section 148 of I.P.C. and sentenced to rigorous imprisonment for two years. However, the sentences were directed to run concurrently.
       The High Court affirmed the conviction and sentence of the accused persons under Section 302 read with Section 149 and under Section 148 of I.P.C.
       Finding of the Court:
       Impugned judgment does not warrant interference.
       Result: Appeals dismissed.

Judgment

Pinaki Chandra Ghose, J.

1. In these appeals, by special leave, the appellants have challenged the judgment and order dated 8th April, 2011 passed by the High Court of Uttarakhand at Nainital, in Criminal Appeal No.675 of 2001, whereby the High Court has dismissed the appeals preferred by the appellants herein and confirmed the judgment and order of the Additional Sessions Judge/Special Judge, Anti Corruption, U.P. (East), Dehradun, convicting the appellants under Section 302 read with Section 149 of the Indian Penal Code, 1860 (for short “I.P.C.”) and sentencing them to life imprisonment and to pay a fine of Rs.10,000/- each.

2. The facts pertinent to the case, as unfolded by the prosecution, are that on 24.9.96 at about 10:30 A.M., Vipin Singh Negi, Alok Chandana, Suyesh Kukreti and Rajneesh Chhatwal were standing near the cycle stand, situated within the campus of D.A.V. (P.G.) College, Dehradun and at the same time, accused Dheeraj Kalra along with Rish Kumar, Som Prakash, Saurabh, Nitin @ Vippu, Bhagat and Sanjeev Kumar @ Happy armed with Lathis, Knives and Khukries reached there and asked Vipin Singh Singh Negi and Alok Chandana to withdraw their names from the election of Commerce Faculty of the College. When they refused to withdraw their names from the election, they were assaulted by the accused persons with the help of their respective arms. As a result this assault, Alok Chndana and Vipin Singh Negi received serious injuries. Alok Chandana was immediately taken to Coronation Hospital by some College students but he succumbed to his injuries on the succeeding day. Vipin Singh Negi lodged a written complaint of the incident at the Police Station, Dalanwala. On the strength of his written complaint, a case was registered on the same day at 11:00 A.M. as Case Crime No.275/96 under Sections 147, 148,149, 307, 323 I.P.C., which was later converted under Section 302 I.P.C.

3. Charges were framed against all the accused persons under Section 148 and Section 302 read with Section 149 of I.P.C. An additional charge was framed against accused Rishi Kumar, Saurabh and Dheeraj under Sections 147 and 323 read with Section 149 of I.P.C. Likewise additional charge was framed against accused Sanjeev @ Happy, Som Prakash, Nitin @ Vippu and Bhagat under Section 302 read with Section 149 of I.P.C. Charges were denied by all the accused persons and claimed to be tried. Prosecution, in support of charges, have examined Vipin Singh Negi (PW-1), Dheeraj Negi (PW-2), Suyesh Kukreti (PW-3), Rajneesh Chatwal (PW-4), Dr. Ajay Sharma (PW-5), Dr. C.M. Tyagi (PW-6), A.S.I. Rajendra Pal (PW-7), Dr. Bharat Kishore (PW-8), Mahendra Pal Sharma (PW-9), Const. 493 Anil Kumar (PW-10), Virendra Kumar Sharma (PW-11) and Sub Inspector Prem Pal Singh (PW-12).

4. Shri Vipin Singh Negi (P.W.-1) is an eye witness and he also received injuries in the incident. In addition to substantiating the prosecution version, he disclosed the specific role played by the accused persons at the spot. He disclosed that accused Bhagat had caused injury with his knife on the back of Alok Chandana, accused Som Prakash caused injury on his neck with Khukhri, accused Nitin @ Vippu caused injury below his left eye with his Khukhri. P.W.-1 also stated that when he strived to rescue Alok Chandna, he was caught hold by accused Saurabh and Rishi, whereas accused Dheeraj Kalra instantly caused head injury with a Danda. After receiving injuries, Alok Chanda ran towards canteen but fell down near the I.G.N.O.U. building as he got tangled with the wire-fencing. Accused Dheeraj Kalra, Saurabh and Rishi chased him and attacked again with Dandas. About 300 students had assembled at the place of occurrence and Alok Chandana was instantaneously taken to the Coronation Hospital on a Motorcycle. Two students of the College also brought Vipin Singh Negi (PW-1) to the Coronation Hospital. Vipin Singh Negi along with Suyesh Kukreti went to the Police Station, Dalanwala and appraised of the inci

Click Here to Read the rest of this document

2015 Supreme(SC) 395

Cases Referred (3)