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HIGH COURT OF ALLAHABAD
U.S.TRIPATHI, V.N.SINGH
Moti Lal
Versus
State of Uttar Pradesh
Crl. A. 2405 of 2002
Decided On : 14 July 2003
Crl. A. 2405 Of 2002
CRIMINAL APPEAL - MURDER - EVIDENCE ACT, 1872 - SECTION 135, 137, 138 - CRIMINAL PROCEDURE CODE, 1973 - SECTION 276, 296 - WITNESS - EXAMINATION - AFFIDAVIT - ADMISSIBILITY - RECOGNITION OF ASSAILANTS - ELECTRICITY CONNECTION - PRESENCE OF APPELLANTS AT POLICE STATION - UNLAWFUL ASSEMBLY - COMMON OBJECT - CONVICTION - SENTENCE - DEATH PENALTY - SECTION 302 IPC - RAREST OF RARE CASE.
Fact of the Case:
Appellants were convicted for murder, attempt to murder, causing injuries, mischief by fire and rioting. The prosecution alleged that the appellants, along with others, formed an unlawful assembly and attacked the house of the deceased, causing injuries to several people and burning a motorcycle. The appellants contended that they were falsely implicated and that the prosecution witnesses were won over by the police.
Finding of the Court:
The court found that the prosecution had successfully proved the guilt of the appellants beyond reasonable doubt. The court relied on the testimonies of eyewitnesses, medical evidence, and the recovery of weapons and other evidence from the scene of the crime. The court also rejected the appellants' contention that they were falsely implicated, noting that there was no evidence to support this claim.
Issues: 1. Whether the prosecution had proved the guilt of the appellants beyond reasonable doubt. 2. Whether the appellants were falsely implicated. 3. Whether the death penalty was appropriate in this case.
Ratio Decidendi: 1. The court held that the prosecution had successfully proved the guilt of the appellants beyond reasonable doubt, relying on the testimonies of eyewitnesses, medical evidence, and the recovery of weapons and other evidence from the scene of the crime. 2. The court rejected the appellants' contention that they were falsely implicated, noting that there was no evidence to support this claim. 3. The court held that the death penalty was appropriate in this case, considering the gravity of the offenses and the fact that the appellants had shown no remorse for their actions.
Final Decision: The court upheld the convictions of the appellants and sentenced them to death under Section 302 read with Section 149 IPC.
( 1 ) APPELLANTS Motilal, surendra Singh, Virendra Singh, Amar singh,dhunnan Singh, Sharda Singh, miyadi alias Ram Miyadi Singh and Anil singh have preferred this appeal against the judgment and order, dated 11-6-2002, passed by Addl. Sessions Judge (Court No. 4), Deoria in Session Trial No. 184 of 1995, convicting all the appellants under Sections 148ipc, 302 read with Section 149ipc, 307 read with Section 149 IPC, 452 and 427 IPC and sentencing appellants Motilal, Surendra singh, Virendra Singh, Amar Singh and dhunnan Singh to death and fine of Rs. 10. 000/- each under Section 302 read with section 149 I. P. C. R. I. for a period of seven years and a fine of Rs. 2000/- each under section 307 read with Section 149 IPC, RI for a period of one year and a fine of Rs. 500/- each under Section 452 IPC, RI for a period of one year and a fine of Rs. 500/-each under Section 427 IPC and RI for a period of one year under Section 148 IPC. In default of payment of fine they were further sentenced to undergo RI for a period of one year, three months and three months ri on each count respectively. And sentencing appellants Sharada Singh, Miyadi alia ram Miyadi Singh and Anil Singh to imprisonment for life and a fine of Rs. 10. 000/-each under Section 302 read with Section 149 IPC, RI for a period of seven years and a fine of Rs. 2000/- each under Section 307/ 149 IPC, RI for a period of one year and a fine of Rs. 500/- each under Section 452, r. I. for a period of one year and a fine of Rs. 500/- each under Section 427 IPC and RI for a period of one year under Section 148 ipc. In default of payment of fine they were sentenced as mentioned above. All the substantive sentences were ordered to run concurrently.
( 2 ) THE prosecution story briefly stated was as under : Appellants Surendra Singh, Virendra singh and Anil Singh are real brothers and sons of appellants Sharda Singh. Appellants amar Singh and Miyadi Singh are also real brothers. The above appellants were of the family of Toofani Singh and residents of village Jhanga Tola Sudama Chak, P. S. Hara, district Deoria. Appellant Dhunnan Singh was resident of another village Mangalpur and was associate of Sharda Singh and others. Sita Ram Singh, deceased was of the family of Bichari Singh, Advocate and resident of the village of the appellants. There was enmity between Bichari Singh, husband of Smt. Kaushilya, P. W. 6 and the appellants regarding some land. Sita Ram Singh deceased (40), his wife Smt. Manju Singh, P. W. 5 and his sons Surendra Singh (17) deceased and Jai Govind (14) deceased and Bichari singh and his family were residing separately in the house which jointly belonged to them. Bichari Singh was a practising lawyer in District Courts Gorakhpur and was residing there. He often came to his house in village Sudama Chak.
( 3 ) ON the night of 24/25-6-1994 Sita ram Singh, deceased along with his wife smt. Manju Singh, P. W. 5 and sons surendra Singh and Jai Govind, deceased were sleeping inside the house in the chhappar of Dalan. Other members of the family and Kaushilya Devi, P. W. 6 were sleeping inside the house. There was electric light inside the house. Before half an hour of the occurrence of this case, Toofani singh of the family of appellants Sharda singh and others were murdered. Appellants suspected that Toofani Singh was murdered by Sita Ram and sons of Bichari Singh. At about 1. 45 a. m. appellants Motilal, Surendra singh and Virendra Singh armed with country made pistols (katta), Anil Singh, armed with gun, Miyadi @ Ram Miyadi Singh armed with bomb, Dhunnan Singh armed with ramma (iron road having edge at one end), amar Singh armed with pharsa fitted lathi and Thagai Singh (died during trial) armed with lathi came to the house of Sita Ram singh, deceased and attacked on Sita Ram singh, his sons Surendra Singh and Jai govind, Smt. Manju, P. W. 5, Smt. Lachchamina, Ram Lakshan, Pawan Kumar and Smt. Bela all of the family of Sita Ram singh with their r
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