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SUPREME COURT OF INDIA
T.S. THAKUR, CJI., R. BANUMATHI, J.
Sanjay – Appellant
Versus
State of Uttar Pradesh – Respondent
Criminal Appeal No. 11 of 2016 (Arising out of S.L.P. (Crl.) No.3896 of 2013)
WITH
Narendra – Appellant
Versus
State of Uttar Pradesh – Respondent
Criminal Appeal No. 12 of 2016 (Arising out of S.L.P. (Crl.) No.3897 of 2013)
Decided on : 06-01-2016
(1999) 2 SCC 174; (2002) 6 SCC 506 – Discussed. 1994 Supp (1) SCC 534 – Relied.
Facts of Case:
Incident took place on account of land dispute between parties. High Court upheld conviction and sentence of appellants in its entirety resulting in filing of present appeals by accused.
Findings of Court:
In instant case, appellants used firearms country made pistol and fired at Roop Singh at his head and accused had intention of causing such bodily injury as is likely to cause death. As bullet injury was on head, vital organ, second appellant intended of causing such bodily injury and therefore conviction of the appellant is altered from Section 302 IPC to Section 304 Part I IPC.
Result : Appeals partly allowed.
Judgment
R. Banumathi, J.
Leave granted in both the special leave petitions.
2. These criminal appeals have been filed assailing the impugned judgment dated 30.08.2012 passed by the High Court of Judicature at Allahabad dismissing the criminal appeals No.2188/2007 and 2561/2007 upholding the conviction of the appellant Narendra for offences under Sections 302, 307 read with Section 34 IPC and Section 452 IPC and also the sentence of life imprisonment, ten years imprisonment with fine of Rs.5,000/-and three years imprisonment with fine of Rs.1,000/- respectively. The High Court also confirmed the conviction of the appellant Sanjay under Section 302 read with Section 34 IPC, Section 307 read with Section 34 IPC and Section 452 IPC and sentence of life imprisonment, ten years imprisonment with a fine of Rs.5,000/- and three years imprisonment with a fine of Rs.1,000/- respectively.
3. Case of the prosecution is that appellant-Sanjay is the brother of deceased Roop Singh. According to PW-2 Sheela wife of Roop Singh, after selling his land to Narendra, Sanjay was insisting his brother Roop Singh to sell his land to Narendra for which Roop Singh refused, due to which appellant-Sanjay is said to have developed enmity towards Roop Singh. On the intervening night of 10/11.08.1998 at 3.00 a.m., Roop Singh and his wife Sheela were sleeping in their chowk and a lantern was lit in the house. Appellants–Narendra and Sanjay along with another person armed with tamancha (pistol) came to the house of Roop Singh. Appellant-Narendra fired multiple bullets at Roop Singh and Roop Singh sustained bullet injury in his head. Sanjay fired at PW-2 Sheela and she sustained bullet injuries at neck, abdomen and her right leg. Hearing sounds of bullets, the complainant-Partap Singh and one Ompal and several other persons rushed to the spot and on seeing them, the appellants Narendra, Sanjay and the third assailant fled away from the scene. On the basis of the complaint lodged by Partap Singh at Police Station Sardhana, Meerut, case was registered in Crime No. 387/1998 for offences under Sections 307 and 452 IPC. Injured victims were sent to Primary Health Centre, Sardhana, Meerut for treatment. Roop Singh (deceased) was admitted at Safdarjung Hospital, Delhi and after treatment, Roop Singh was discharged from the hospital on 25.09.1998. Subsequently, Roop Singh developed complications, Roop Singh was taken for check up to Delhi and Roop Singh died on 13.10.1998. Ram Pal gave written information about the death of injured Roop Singh to the police and Section 302 IPC was added to the FIR. After completion of investigation, chargesheet was filed against the appellants for offences under Sections 302, 307 and 452 IPC.
4. To substantiate the charges against the appellants, prosecution examined nine witnesses and exhibited twenty five documents and material objects. Upon appreciation of evidence, the learned Additional Sessions Judge, Meerut vide judgment dated 17.03.2007 found the appellants guilty for offences under Section 302 IPC read with Section 34 IPC and Section 307 IPC read with Section 34 IPC and Section 452 IPC and they were sentenced to suffer life imprisonment, ten years imprisonment with a fine of Rs.5,000/- and three years imprisonment with a fine of Rs.1,000/- respectively. The trial court ordered that half of the fine amount be paid to PW-2 Sheela as compensation. Aggrieved by the verdict of conviction, the appellants filed criminal appeals before the High Court of Judicature at Allahabad which were dismissed vide common impugned judgment dated 30.08.2012 upholding the conviction and sentence imposed upon the appellants as aforesaid. Aggrieved, the appellants have preferred these appeals assailing the conviction and sentence imposed on them.
5. Learned counsel for the appellants contended that as the deceased Roop Singh had already transferred his land to Partap Singh (PW-1) about one and a half years prior to the occurrence and therefore it is improb
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