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ALLAHABAD HIGH COURT
Prafulla C.Pant
TRILOK SINGH
Versus
STATE
Decided On : 12 February 2008
Criminal Appeal No 1399 of 2001
Criminal Appeal - Conviction under Section 304/34 IPC - Code of Criminal Procedure, 1973 - Indian Penal Code, 1860 - [Section 374] - [Section 304/34, 120-B IPC] - The court discussed the evidence and found that the accused was guilty of rash and negligent driving, leading to the death of the victim. The court also highlighted the lack of evidence to establish a common intention or conspiracy on the part of the other accused. The judgment set aside the convictions of two accused and convicted the third accused under Sections 279 and 304-A IPC.
Fact of the Case:
The case involved the conviction of three appellants under Section 304/34 IPC for the death of the victim due to a bus accident. The court analyzed the evidence and found that the conviction of two appellants was not proved, while the third appellant was convicted under Sections 279 and 304-A IPC.
Finding of the Court:
The court found that the evidence proved the third appellant's guilt for rash and negligent driving, leading to the victim's death. However, it concluded that there was no evidence to establish the common intention or conspiracy on the part of the other accused, leading to the setting aside of their convictions.
Issues: The key issues revolved around the culpability of the accused in the victim's death, the presence of common intention or conspiracy, and the appropriate charges under the IPC.
Ratio Decidendi: The court's decision was based on the analysis of the evidence, which proved the third appellant's guilt for rash and negligent driving. It also emphasized the lack of evidence to establish the culpability of the other accused.
Final Decision: The convictions of two appellants were set aside, and the third appellant was convicted under Sections 279 and 304-A IPC, with a sentence of rigorous imprisonment.
the appellants, namely, Trilok Singh, Jawahar Singh and Mahipal Singh are convicted under Section 304/34 read with Section 120-B Indian Penal Code, 1860 (hereinafter referred as I. P. C.) and each one is sentenced to imprisonment for life.
2. We heard learned counsel for the parties and perused the trial courts record.
3. Brief facts of the case are that it was day of shivratri on 23-02-1990. On that day there was fair in Dewal. Complainant P. W. 1 Devendra Singh and his brother Laxman Singh (deceased) had also gone there. When complainant was returning from the fair, near a Dak Banglow he saw accused /appellants Trilok Singh and Jawahar Singh on ex hortation of accused / appellant Mahipal Singh beating his brother Laxman Singh (deceased ). However, after the incident was over accused / appellants as well as the complainant and his brother went ahead. On the way, near Malgad gorge, a bus bearing registration no. U. S. Y. 3612, was com ing from Dewal and going towards Tharali. Laxman Singh (deceased) waived his hand in an attempt to get stopped the vehicle so that he may also board in the bus on his journey to his village. The vehicle was being driven by accused / appellant Trilok Singh, who crushed Laxman Singh under the tyres of the bus. The bus stopped about 50 meters ahead and accused / appellant Trilok Singh and Jawahar Singh got down and ran away. When the com plainant took his injured brother Laxman Singh to hospital he was declared dead. The First Information Report (Ext. A-1) of the incident was lodged by complain ant P. W. 1 Devendra Singh with Police Out Post Tharali on the very day at about 19. 00 hours which is registered as EI. R. No. 6 of 1990 against Trilok Singh relating to offence punishable under Sec tions 279/304-A. I. P. C. P. W. 7 B. P. Sharma, Station Officer of Police Sta tion Chamoli conducted the investiga tion. He took the body of the deceased in his possession and prepared inquest report (Ext. A-10), letter to Chief Medi cal Officer (Ext. A-11) and other neces sary papers including site plan. The In vestigating Officer also took sample soil and blood stained soil from the spot and prepared
(Ext. A-7 ). The body was sent for post mortem examination. Dr. M. C. Verma conducted the autopsy on the dead body and prepared the post mortem examination report. After com pletion of the investigation the police submitted charge sheet (Ext. A-12) against the appellants Trilok Singh, Jawahar Singh and Mahipal Singh for their trial in respect of offence punish able under Section 304/34 read with Section 120-B I. P. C.
4. The Magistrate on receipt of the charge sheet, after giving necessary cop ies to the accused as required under Sec tion 207 of Cr. P. C. , committed the case to the court of sessions for trial. Learned Sessions Judge after hearing the parties on 03-09-1990 framed charge of offence punishable under Section 120-B and one punishable under Section 304 read with Section 34 of I. P. C. against all the three accused namely, Trilok Singh, Jawahar Singh and Mahipal Singh who pleaded not guilty and claimed to be tried. On this prosecution got examined P. W. 1 Devendra Singh, complainant and an eyewitness, P. W. 2 Dalveer Singh, an eye witness, who also lodged a separate re port Ext. A-2 with the Police Out Post, Tharali, P. W. 3 Jay Datt Joshi, Head Constable, who conducted the technical examination of vehicle registration no. U. S. Y. 3612, P. W. 4 Khilaf Singh, father of the deceased, P. W. 5 constable Balveer Singh, who prepared check re port (Ext. A-4) on the basis of the First Information Report (Ext. A-1), P. W. 6 Dr. B. H. Rijvi who proved the autopsy re port (Ext. A-6) and P. W. 7 B. R Sharma, Investigating Officer. The prosecution s
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