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IN THE HIGH COURT OF ALLAHABAD
S. I. Jafri, J.
DUNNA LAL - Appellant
Versus
STATE OF UTTAR PRADESH - Respondents
Cr. A. 1997 Of 1986
Decided On : 04/25/1990
CRIMINAL APPEAL - SECTION 304 PART II READ WITH SECTION 34 I. P. C, SECTION 452 I. P. C, SECTION 323/34 AND SECTION 323 I. P. C - CONVICTION AND SENTENCE - APPEAL AGAINST CONVICTION AND SENTENCE - SECTION 3/4 OF THE U. P. PROBATION OF FIRST OFFENDERS ACT - BENEFIT OF PROBATION - TERMINATION OF SERVICE - REVIEW OF TERMINATION ORDER.
Fact of the Case:
Dunna Lal, Narendra Lal, Sahukar Lal, and Makhan Lal were convicted by the trial court for causing injuries to Guthyar Singh and Anand Singh. Dunna Lal was sentenced to imprisonment and fine, while the other three appellants were given the benefit of the Probation of First Offenders Act. Dunna Lal appealed against his conviction and sentence, arguing that he should also be given the benefit of probation.
Finding of the Court:
The court found that the prosecution had proved its case beyond reasonable doubt and that the appellants were guilty of the offenses charged. However, the court also found that Dunna Lal deserved the benefit of probation under Section 3/4 of the U. P. Probation of First Offenders Act, considering his lack of previous convictions and his service in the Border Security Force.
Issues: 1. Whether the appellants were guilty of the offenses charged. 2. Whether Dunna Lal should be given the benefit of probation.
Ratio Decidendi: 1. The court relied on the testimonies of the eyewitnesses, Bahadur Singh, Anand Singh, and Matbar Singh, to establish the guilt of the appellants. The court found that the evidence of these witnesses was credible and reliable. 2. The court considered the fact that Dunna Lal had no previous convictions and that he had served in the Border Security Force prior to the occurrence. The court also took into account the fact that Dunna Lal had been dismissed from service due to his conviction, which would make it difficult for him to reform himself.
Final Decision: The court affirmed the conviction of all the appellants but set aside the sentence of imprisonment and fine imposed on Dunna Lal. The court placed Dunna Lal on probation for good conduct for a period of two years under Section 3/4 of the U. P. Probation of First Offenders Act. The court also directed the authorities concerned to review the order terminating Dunna Lal's service in the Border Security Force.
( 1 ) DUNNA Lal appellant has filed this appeal against his conviction under Section 304 Part II read with Section 34 I. P. C, under Section 452 I. P. C. , under Section 323/34 and under Section 323 i. P. C. and sentence of 2 years R. I. , one years R. I. , six months R. O. and a fine of Rs. 500. 00 respectively under the aforesaid sections of the Penal Code recorded by Sri D. L. Soni, District and Sessions Judge, Pauri Garhwal, in S. T. No. 6 of 1986. Narendra Lal, Sahukar Lal and K. Makhan Lal appellants were also convicted by the trial court under Section 304 Part II read with section 34 I. P. C. , 452 and 323/34 I. P. C 323 I. P. C. , but instead of giving them jail sentence, the trial court had extended them the benefit of the Probation of First Offenders Act, on their furnishing two sureties of Rs. 2,000 each and a personal bond in the like amount for remaining on good conduct for a period of two years to the satisfaction of the trial court. Along with the appellants, Smt. Shankari Devi the mother of the appellants Dunna Lal, Narendra Lal and sahukar Lal was also prosecuted, but she was acquitted.
( 2 ) DUNNA Lal appellant is the son of Makhan Lal and brother of appellants Narendra Lal and sahukar Lal. Smt Shankari Devi is the mother of Dunna Lal. In this way all the five accused in this case belong to one family.
( 3 ) THE case of the prosecution is that on November 14, 1985 at about 4 p. m. Dunna Lat had beaten Guthyar Singh in his house in village Bisald. That day Guthyar Singh went to the house of his brother Anand Singh in village Teri in the evening for night stay. The aforesaid five persons entered the house of Anand Singh at about 8 p. m. and had assaulted Guthyar Singh and anand Singh with lathis. Bahadur Singh, the third brother of victim, came on the spot and tried to save them but he was also assaulted by Dunna Lal on the head by lathi. Bahadur Singh and his brother drove away the assailants from the house of Anand Singh. The accused left the house of anand Singh giving threat to kill them. Guthyar Singh, Bahadur Singh and Anand Singh had received injuries on their person. Guthyar Singh developed pain in his stomach and was unable to stand. The injuries of Bahadur Singh and Anand Singh were examined at Government Dispensary pabau on November 25, 1985 by the Medical Officer between 11 a. m. and 11. 18 a. m. Injuries of Bahadur Singh lacerated wound 5 cm x 1/4 cm scalp deep about 10 cm from left ear. Injuries of Anand Singh
(i) Clotted blood present around the right ear and external ear opening with contusion 2cm x 2cm in front of right ear. (ii) Black eye on the left line (iii) Contusion 2 cm x 2 cm on the left temporal region (iv) Abraded contusion 10 cm x 8 cm at right shoulder region (v) Abraded contusion 10 cm x 8 cm at right thigh about 20 cm below iliac crest.
( 4 ) A report of the occurrence was lodged by Bahadur Singh with the Patwari of the village on november 25, 1985 at 3. 30 p. m.
( 5 ) PATTI Patwari Ram (P. W. 5) took the investigation in his own hands. He prepared the Chick report on the basis of the written report delivered by Bahadur Singh and also registered a case under Sections 452/ 307/ 323/ 506 I. P. C. in the General Diary of the Police Station against the accused persons. The Investigating Officer reached the village Teri and he found Guthyar Singh unconscious. He got him treated by a Private Medical Practioner. During the night, the condition of Guthyar Singh started deteriorating. Anand Singh went to the Investigating. Officer at 10. 30 p. m. and informed him about the serious condition of Guthyar Singh whereupon he brought the medical Officer of Government Dispensary, Pabau, to the village of occurrence and got Guthyar singh examined by him. The doctor advised the family members of Guthyar Singh to shift him to Pauri for treatment. The Medical Officer again visited the residence of Guthyar Singh at about 7 p. m. on November 25, 1985, but by this time Guthyar Singh had s
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