1993 Supreme(All) 551

IN THE HIGH COURT OF ALLAHABAD
J. P. SEMWAL
PRITHVI NATH PANDEY - Appellant
Versus
STATE OF UTTAR PRADESH - Respondents
Criminal Appeal 851 Of 1983
Decided On : 11/05/1993

Headnote:

J. P. SEMWAL, J. ( 1 ) THIS appeal filed by 13 appellants is directed against the judgment and order dated 25-3-1983 passed by the Special Judge (Additional Sessions Judge) Ballia in Sessions Trial No. 174 of 1980, convicting them under sections 332 and 225, IPC and sentencing each of them to undergo 3 years R. I. and one years R. I. respectively and further convicting all of them except appellant Dhananjai Pandey under Section 342, IPC and sentencing each of them to undergo one years R. I. All the sentences have been directed to run concurrently.

Fact of the Case:

On 21-2-1980 constable Rajendra Prasad Tiwari (P. W. 1) was posted at police out-post Lalganj, Police Station Baria, District Ballia. On that date under the written order of S. I. Shyam Surat Misra, Constable Shripat Ram, H. C. Raghunath Rai along with licensees Bhrigu Prasad and Ramapathi Kesarwani had gone to arrest one Dhananjai Pandey to village Jagdishpur in Case Crime No. 42 of 1980, under Section 380, IPC. They reached on the spot at about 7. 30 am Constable Rajendra Prasad Tiwari had a D. B. B. L. gun and cartridges belonging to Bhrigu Prasad and Constable Shripat Rai had a D. B. B. L. gun cartridges belonging to Ramapathi Keshari. They arrested Dhananjai Pendey and started to the police station. When they reached near the house of Ram Nath Pandey of the said village the remaining 12 accused persons and 4-5 others armed with Lathis came there and surrounded them. They wanted to see the warrant about the arrest of Dhananjai Pandey and the written order was shown to them. In the meantime the accused Yadunath Pandey, Ramdeo Pandey, Barmeshwar Pandey and Sheo Prasad caught hold of Constable Rajendra Prasad Tiwari (P. W. 1) and accused Prithvi Nath Pandey gave Lathi blow at his right hand and snatched his gun and they got Dhananjai Pandey accused released after assaulting Constable Rajendra Prasad Tiwari with Lathi and fists. In the meantime H. C. Raghunath Rai and Constable Shripat Ram advanced to apprehend the accused Dhananjai and to rescue Constable Rajendra Prasad Tiwari. Accused Ram Nath Pandey, and Ram Adhar Pandey started beating Constable Shripat Ram and accused Ram Nath Pandey snatched the gun of Shripat Rai and handed it over to accused Chandra Deep. Accused Uma Shanker Misra, Ram Nath Pandey, Chandra Deep Pandey and three-four others caught hold of H. C. Raghunath Rai and started beating him with fists. At this stage witnesses Panchanand Misra, Ram Lakhan Misra, Ram Nath Pandey, Rajbali Yadav arrived on the spot and saw the occurrence. In the meantime finding opportunity Constable Rajendra Prasad Tiwari (P. W. 1) rushed towards police station H. C. Raghunath Rai and Constable Shripath Ram, who were taken by the accused persons, were released. Constable Rajendra Prasad Tiwari lodged the first information report orally at police station Bairia on 21-2-1980 at 8. 30 a. m. against the aforesaid 13 named persons and 4-5 unknown persons.

Finding of the Court:

The prosecution has proved beyond reasonable doubt the prosecution story. The definite case of the prosecution is that the police party had gone to arrest Dhananjai Pandey and this fact is proved from the G. D. entry as well as the F. I. R. which was promptly lodged as also the fact that two police personnel H. C. Raghunath Rai and Constable Sripat Ram were confined by the accused persons and were rescued by the police party. As already stated, the defence has not disputed at all that the aforesaid two police personnel were confined by the accused party and they were rescued by the police party. The incident of Marpit is also not disputed by the defence.

Issues: 1. Whether the prosecution has been able to prove its case with respect to offences under Sections 332/225/342 I. P. C.? 2. Whether the accused persons are guilty of the offences under Sections 332 and 225, I. P. C. and Section 342, I. P. C.?

Ratio Decidendi: The prosecution has proved beyond reasonable doubt the prosecution story. The definite case of the prosecution is that the police party had gone to arrest Dhananjai Pandey and this fact is proved from the G. D. entry as well as the F. I. R. which was promptly lodged as also the fact that two police personnel H. C. Raghunath Rai and Constable Sripat Ram were confined by the accused persons and were rescued by the police party. As already stated, the defence has not disputed at all that the aforesaid two police personnel were confined by the accused party and they were rescued by the police party. The incident of Marpit is also not disputed by the defence.

Final Decision: The appeal is partly allowed to the extent that the convictions and sentences awarded to appellants Prithvi Nath Pandey, Chandra Deep Pandey and Ram Nath Pandey under Sections 332, 225 and 342, I. P. C. are set aside and they are acquitted of all the said offences. The appeal of the rest of the accused-appellants, namely Ramanand Pandey, Ramdeo Pandey, Rajnath Pandey, Yadunath Pandey, Shiv Prasad Pandey, Barmeshwar Pandey, Ram Adhar Pandey, Ishwar Dayal Pandey, Dhananjai Pandey and Uma Shankar Misra is hereby dismissed with the modification regarding their sentences as indicated above.