Back
HIGH COURT OF ALLAHABAD
G.P.Mathur, U.S.Tripathi
GAYA PRASAD
Versus
STATE OF U P
Decided On : 29 August 2001
Criminal Appeal No. 553 of 1981
Tripathi - Criminal Law - Indian Penal Code - Sections 147, 148, 302, 323, 324, 149 - The judgment and order convicted the appellants under various sections of the Indian Penal Code for their involvement in a violent altercation resulting in the death of Gulab Chand. The court analyzed the evidence, including the prosecution's story, medical reports, and witness testimonies, and found that the prosecution failed to establish the guilt of the appellants. As a result, the appeal was allowed, and the appellants were acquitted of the charges.
Fact of the Case:
The appellants were convicted for their involvement in a violent altercation resulting in the death of Gulab Chand. The prosecution's story alleged that the appellants attacked Gulab Chand and his cousin brothers while they were constructing a cattle shed on disputed land. The injured were taken to the hospital, and Gulab Chand died due to head injuries.
Finding of the Court:
The court found that the prosecution failed to establish the guilt of the appellants. The evidence, including witness testimonies and medical reports, did not corroborate the prosecution's story. The court also raised doubts about the presence and truthfulness of the witnesses, as their testimonies contradicted the medical evidence and the F. I. R.
Issues: The main issue was whether the prosecution successfully proved the guilt of the appellants for the alleged offenses, considering the discrepancies between witness testimonies, medical evidence, and the delay in lodging the report.
Ratio Decidendi: The court's decision was based on the lack of corroboration between witness testimonies, medical evidence, and the prosecution's story. The court raised doubts about the truthfulness of the witnesses and found that the prosecution failed to establish the guilt of the appellants beyond a reasonable doubt.
Final Decision: The appeal was allowed, and the appellants were acquitted of the charges. The convictions and sentences were set aside, and the appellants were discharged from their bail bonds without the need to surrender.
This appeal has been directed against the judgement and order dated 6th March, 1981, passed by the learned Vth Additional Sessions Judge, Allahabad in Sessions Trial No. 132 of 1979, convicting appellant Lal Bahadur under Sections 148, 302, 323 read with 149 and 324 I. P. C. and sentencing him to undergo R. I. for a period of two years under Section 148, imprisonment for life under Section 302 I. P. C. , R. I. for a period of six months under Section 323 read with 149 I. P. C. and R. I. for a period of one year under Section 324 I. P. C. , convicting appellant Hira Lal under Sections 148, 302/149, 323/149 and 324 I. P. C. and sentencing him to R. I. for a period of two years under Section 148 I. P. C. , imprisonment for life under Section 302 read with Section 149 I. P. C. , R. I. for a period of six month under Section 323 read with 149 I. P. C. and R. I. for a period of one year under Section 324 I. P. C. and convicting appellants Gaya Prasad, Sarjoo Prasad, Sukh Lal, Jagdeo Prasad and Dashrath under Sections 147, 302 read with 149, 323 and 324 read with 149 I. P. C. and sentencing them to one year R. I. under Section 147 I. P. C. , imprisonment for life under Section 302 read with 149 I. P. C. , R. I. for a period of one year under Section 324 read with 149 I. P. C. and R. I. for a period of six months under Section 323 I. P. C. All the substantive sentences of the above appellants were ordered to run concurrently.
2. The prosecution story, briefly stated, is as under: -
Appellants Gaya Prasad, Sarjoo Prasad and Lal Bahadur are real brothers and sons of Ram Nath. Appellants Dashrath and Hira Lal are the sons of appellant Gaya Prasad. Appellant Sukh Lal is the first cousin brother of appellants Gaya Prasad, Sarjoo Prasad and Lal Bahadur, while appellant Jagdeo Prasad is son of Bhagwandin and Pattidar of other appellants. Gulab Chand deceased was cousin brother of Ram Autar (P. W. 1), Sohan Lal (P. W. 2) and Bachau Lal (P. W. 3) as Lallu Lal, father of Gulab Chand deceased, Raja Ram, father of Ram Autar (P. W. 1) and Sohan Lal (P. W. 2) and Giridhari, father of Bachau Lal (P. W. 3) were real brothers.
All the appellants, deceased Gulab Chand, Ram Autar (P. W. 1), Sohan Lal (P. W. 2) and Bachau Lal (P. W. 3) are residents of village Hari Ram Patti alias Katnai, P. S. Mau Aima (now Baharia), district Allahabad.
Gulab Chand deceased, Ram Autar (P. W. 1), Sohan Lal (P. W. 2) and Bachau Lal (P. W. 3) had their joint chak out land towards south of house of appellant Gaya Prasad. The appellants were claiming their ownership over said land.
On the morning of 28-11-1978, Gulab Chand deceased, Ram Autar (P. W. 1), Sohan Lal (P. W. 2) and Bachau Lal (P. W. 3) were constructing a cattle shed over their above chak out land by bricks. At about 11 a. m. , appellant Lal Bahadur armed with Pharsa, Hira Lal armed with Katwansa (semi circular sharp edged weapon fitted in a long stick) and appellants Gaya Prasad, Sarjoo Prasad, Dashrath, Sukh Lal and Jagdeo Prasad armed with Lathis came to the place where cattle shed was being constructed. They started abusing the deceased and his cousin brothers named above, exhorted that it would not be tolerated further and they should be killed. On above exhortation, appellant Lal Bahadur inflicted Pharsa blow on the head of Gulab Chand deceased, who sustained injury moved 2 to 4 steps and fell down. Hira Lal inflicted Katawansa blow on Sohan Lal (P. W. 2), Lal Bahadur appellant again inflicted Pharsa blow on Sohan Lal (P. W. 2 ). The other appellants inflicted Lathi blows on Ram Autar (P. W. 1), Sohan Lal (P. W. 2) and Bachau Lal (P. W. 3 ). On the alarm raised by witnesses Kishori Lal, Jamuna and several others of the village rushed to the spot and the appellants ran away. Gulab Chand deceased became unconscious on account of injury on his head. He was brought to his house on a charpai. At about 2 p. m. he was taken by Ram Autar (P. W. 1), Sohan Lal (P. W. 2), Bachau Lal (P. W. 3) and othe
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
