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IN THE HIGH COURT OF ALLAHABAD
U. S. TRIPATHI, D. P. GUPTA
KRISHNA - Appellant
Versus
STATE OF UTTAR PRADESH - Respondents
CRIMINAL APPEAL 874 Of 1981
Decided On : 03/11/2003
State v. Sumera - Criminal Law - Section 302/34, 307/34, I. P. C. - The judgment discusses the facts of the case, the findings of the court, the issues, the ratio decidendi, and the final decision. The court analyzed the evidence and arguments presented by both the prosecution and the defense, and concluded that the accused were guilty of the charges brought against them.
Fact of the Case:
The case involved a dispute over a borrowed sum of money, which led to a violent altercation resulting in the death of the borrower. The prosecution presented evidence of the events leading up to the altercation, the injuries sustained by the victims, and the subsequent actions of the accused.
Finding of the Court:
The court found the accused guilty of the charges of murder and attempted murder based on the evidence presented, including eyewitness testimony, medical reports, and the sequence of events leading up to the altercation.
Issues: The key issues in the case included the credibility of the witnesses, the presence of the accused at the scene of the crime, the nature of the injuries sustained by the victims, and the motive behind the altercation.
Ratio Decidendi: The court relied on the consistency of the eyewitness testimony, the medical evidence supporting the cause of death, and the lack of credible evidence supporting the defense's claims of self-defense and alternative motives for the altercation.
Final Decision: The court dismissed the appeal and upheld the convictions and sentences of the accused, stating that there was no reason to interfere with the judgment and order passed by the trial court.
( 1 ) IN S. T. No. 340 of 1980 State v. Sumera and two others under Section 302/34, 307/34, I. P. C. , P. S. Tindwari, District Banda, II Additional Sessions Judge Banda, by his judgment dated 25-3-1981 convicted and vide order dated 26-3-1981 sentenced Sri Krishna appellant to undergo imprisonment for life for offence punishable under Section 302, I. P. C. , 7 years R. I. for offence punishable under Section 307, I. P. C. No sentence was awarded for offence punishable under Section 323 read with Sec. 34, I. P. C. Appellant Sumera (who is now dead and his appeal has abated) was convicted and sentenced to undergo imprisonment for life for offence punishable under Section 302 read with Sec. 34, I. P. C. 2 years R. I. for offence punishable under Section 307/34, I. P. C. , 6 months R. I. for offence punishable under Section 323 read with Sec. 34, I. P. C. Appellant Kaira was convicted and sentenced to undergo imprisonment for life for offence punishable under Section 302 read with Sec. 34, I. P. C. , 3 years R. I. for offence punishable under Section 307 read with Sec. 34, I. P. C. and 6 months R. I. for offence punishable under Section 323 read with Sec. 34, I. P. C. Sentences so awarded were to run concurrently.
( 2 ) FEELING aggrieved, the present appeal has been preferred by all the 3 appellants. During pendency of the appeal Sumera appellant has died. Vide order dated 3 September, 2002 appeal preferred by appellant No. 2 Sumera has been abated. Before us now remain appeals preferred by appellant No. 1 Krishna and appellant No. 3 Kaira.
( 3 ) FACTS giving rise to this appeal may be narrated in brief. Appellants Krishna and Kaira are real brothers and are the sons of Sumera P. W. 1 Ram Manohnar complainant and deceased Chunua Chamar were real brothers. Both the parties are the residents of the same village Piprenda, P. S. Tindwari, District Banda and are neighbours. It was the case of the prosecution that appellant Kaira borrowed Rs. 350. 00 from deceased Chunua Chamar about 5 month prior to the occurrence. Occurrence of this case took place on 8/07/1980, time about 7. 15 a. m. Two days prior to the occurrence Chunua deceased demanded his money back from Kaira appellant. Kaira not only refused to return the money but also denied to have borrowed any money from the deceased Chunua on the following day again Chunua deceased demanded his money from Kaira and being enraged by this, accused Sumera, Krishna and Kaira quarrelled with deceased Chunua and Ram Manohar and chased to beat them. The deceased Chunua and Ram Manohar somehow managed to escape themselves by running away. On the fateful day i. e. 8-7-1980 Chunua deceased along with P. W. 1 Ram Manohar in the morning after attending the call of nature went to Shripal Kori for seeking his advice as what should be done in the matter. Shripal advised not to fight, but to lodge a complaint with the police. From the house of Shripal, deceased Chunua and Ram Manohar came to their house and without taking breakfast both of them proceeded to police outpost Chilla. P. W. 3 Smt. Ram Pyari, wife of deceased Chunua also followed them. It was about 7. 15 a. m. when deceased Chunua and Ram Manohar reached near the field of Chunua Kanchi, which was in the west of rasta, accused Krishna armed with "barchi", Sumera and Kaira accused appellants armed with lathi came there from the eastern side. Accused persons started abusing deceased Chunua and his brother Ram Manohar. Deceased Chunua and Ram Manohar retaliated by abusing them P. W. 2 Sri Shiv Baran Singh reached there. Sumera gave lathi blow to Chunua deceased. When P. W. 2 Shiv Baran Singh tried to intervene Kaira appellant gave lathi blow which hit him causing injury to his hand. When P. W. 1 Sri Ram Manohar tried to save and intervene Krishna appellant gave Barchhi blow causing injury to him. Krishna accused appellant exhorted to eliminate Chunua. Thereupon Sumera accused gave lathi blow to deceased Chunua and Kaira also gave
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