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2000 Supreme(All) 1334
HIGH COURT OF ALLAHABAD
J.C.GUPTA, S.K.AGARWAL
Shyama
Versus
State of U.P.
Cr.Appeal 2071 of 1981
Decided On : 18 October 2000
Cr. Appeal 2071 Of 1981
J.N.Chaturvedi, N.K.RASTOGI, Shamsuddin Ahmad,
The main legal point established in the judgment is the application of the legal principles of common intention, participation, and the U. P. Children Act in determining the guilt and sentencing of the appellants.
Headnote:
S. 302/34 I. P. C. - Conviction and Sentencing - Summary of Acts and Sections: S. 302/34, S. 325/34, S. 323/34 I. P. C. - The judgment discusses the prosecution's story, the investigation process, medical examinations, and the defense's statements. The court analyzes the evidence, motive, and presence of light at the scene of occurrence. The legal provisions of common intention, participation, and the U. P. Children Act are interpreted and applied in reaching the decision.
Fact of the Case:
The appellants were convicted and sentenced for various offenses including murder, based on the prosecution's story of assault on the deceased and his family members. The court found that the appellants had a motive to assault the victims and that the incident occurred inside the victims' house. The witnesses' injuries and the presence of light at the scene were crucial in establishing the prosecution's case.
Finding of the Court:
The court found the appellants guilty based on the evidence and rejected the defense's arguments regarding the absence of electric light and the nature of injuries sustained by the accused. The court also considered the legal principles of common intention and participation in reaching its decision.
Issues: The issues revolved around the motive for the assault, the presence of light at the scene, the nature of injuries sustained by the victims and the accused, and the applicability of the U. P. Children Act to one of the appellants.
Ratio Decidendi: The court's decision was based on the established motive, the nature and location of injuries, the presence of light at the scene, and the legal principles of common intention and participation. The court also applied the U. P. Children Act to one of the appellants based on the evidence of his age.
Final Decision: The appeal of one appellant was dismissed due to his death, the appeal of another appellant was dismissed, and the appeal of the third appellant was partly allowed, resulting in the quashing of the sentences of imprisonment imposed upon him.
( 1 ) APPELLANT named above have been convicted and sentenced to undergo life imprisonment under S. 302/34 I. P. C. , for three years R. I. and a fine of Rs. 500/- each under S. 325/34 I. P. C. and to six months R. I. with fine of Rs. 100. 00 each under S. 323/34 I. P. C. In default of payment of fine sentences were also imposed. The sentences are ordered to run concurrently. Smt. Kaushalya who was also tried along with the appellants has however been acquitted by the learned Sessions Judge by the same order dated 3-9-1981.
( 2 ) THE prosecution story as revealed in the First Information Report and evidence on record, in short, is that of these appellants. Shyama and Kaloo are sons of appellant Sardari Lal. They are resident of village Matkhera, P. S. Bilaspur, district Rampur. In the same village resided Mahendra Pratap who died about 17-18 years ago leaving behind his wife Smt. Nand Rani P. W. 7, his daughter Aruna Kumari P. W. 2 and younger brother Girish Prasad, the deceased of this case. Wife of Girish Prasad had predeceased him and he had no issue. He thus started living with Smt. Nand Rani and her daughter Kumari Aruna.
( 3 ) NAND Rani had a piece of land in village Matkhera which accused Sardari Lal had taken in unlawful possession. She filed suit for eviction against him, which was decreed in her favour about 6-7 years ago. She succeeded in obtaining possession of the said land on the basis of the civil Court decree. The said piece of land was thereafter sold by her to one Sardar Gyan Singh. Accused Sardari Lal and his family members were thus nursing a grudge against Nand Rani, her daughter and Girish Prasad.
( 4 ) PROSECUTION story further runs that on 23-8-1980 at about 10. 30 P. M. when Kumari Aruna, Smt. Nand Rani and deceased Girish Prasad after having their dinner were lying on cost in the courtyard in their house, they heard some noise coming from the side of the house of accused bardari Lal. The Courtyard was having light of electric bulb. House of Sardari Lal was situated at a distance of about 50 paces from the house of Nand Rani. Sardari Lal came out of his house and started abusing deceased Girish Prasad. Smt. Nand Rani and Girish Prasad remonstrated him whereupon Sardari Lal extended threats and said that he would kill them. He then went into his house and reappeared with his sons Kaloo and Shyama appellants and wife Smt. Kaushalya (the acquitted accused ). Sardari Lal and Kaloo were armed with ballam while Shyama was having a danda in his hand. All the accused persons entered into Nand Ranis house and started beating Girish Prasad, Nand Rani and Kumari Aruna as a result of which they sustained injuries. Girish Prasad died an instantaneous death while Kumari Aruna received serious injuries on her person and Nand Rani simple injuries. On the alram raised by the victims, P. W. 8 Ram Charan and P. W. 9 Shiv Autar were attracted to the scene of occurrence. When pressure mounted from the witnesses the accused persons went away from the scene of occurrence.
( 5 ) AFTER the incident Kumari Aruna P. W. 3 herself wrote down the Report Ex. Ka. 3 and lodged the same at police station Bilaspur on the same light at 1. 00 A. M. Constable clerk Vishnu Dutt Sharma P. W. 10 prepared check F. I. R. Ex. Ka. 12 on the basis of written report of Km. Aruna and registered the case against the appellants in the General Diary, whose copy has been proved as E. Ka. 13.
( 6 ) P. S. I. K. P. Singh was posted as officer-in-charge of police station Bilaspur. The instant case was registered in his presence, hence he took up investigation in his own hands and recorded the statement of Km. Aruna at the police station and then sent her for medical examination. Thereafter the investigating officer reached the place of occurrence, recorded the statement of Smt. Nand Rani and since she was having injuries, she was also sent for her medical examination under police escort. Inquest proceedings were got held through secondoffice
