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2005 Supreme(All) 855
ALLAHABAD HIGH COURT
Imtiyaz Murtaza and Amar Saran, JJ.
Sobran Singh, Ram Raja
Versus
State
CRIMINAL APPEAL 435 of 1997
Decided On : 06 May 2005
Criminal Appeal 435 Of 1997
Vinay Saran,
The judgment highlights the importance of considering the circumstances, such as poverty and mental state, in evaluating criminal actions and determining appropriate sentencing.
Headnote:
Criminal Appeal - Conviction under Section 302, 307, and 309 IPC - Summary of Acts and Sections: Section 302, Section 307, Section 309 IPC - The court found the appellant guilty of causing the deaths of five persons and causing injuries to two others. The court also established the charge of attempt to commit suicide against the appellant. The judgment affirmed the conviction and sentencing of the appellant under the mentioned sections.
Fact of the Case:
The appellant was convicted for causing the deaths of five persons and causing injuries to two others. The incident involved the appellant assaulting his wife, brother, and other family members with an axe, resulting in multiple deaths and injuries. The appellant was also found guilty of attempting to commit suicide.
Finding of the Court:
The court found the appellant guilty of the charges brought against him based on the testimonies of eyewitnesses, medical evidence, and inconsistent pleas raised by the appellant. The court also noted the appellant's poverty and mental state as contributing factors to the crime.
Issues: The issues involved in the case included establishing the guilt of the appellant for the deaths and injuries, considering the inconsistent pleas raised by the appellant, and evaluating the impact of the appellant's poverty and mental state on the crime.
Ratio Decidendi: The court relied on the testimonies of eyewitnesses, medical evidence, and the appellant's inconsistent pleas to establish his guilt. The court also considered the appellant's poverty and mental state as contributing factors to the crime.
Final Decision: The appeal was dismissed, affirming the conviction and sentencing of the appellant. The court directed the authorities to consider the appellant's case for premature release or commutation of the sentence in a sympathetic manner, taking into account the appellant's poverty and mental state.
( 1 ) THIS Criminal appeal has been filed by the appellant Sobaran Singh from jail. It arises from a judgment dated 30. 8. 97 passed by the Sessions Judge, Lalitpur in S. T. No. 26 of 1988 convicting and sentencing the appellant to imprisonment for life under Section 302 IPC, to rigorous imprisonment for 10 years under Section 307 IPC, and to rigorous imprisonment for one year under Section 309 IPC. The sentences were to run concurrently.
( 2 ) WE have heard Sri Vinay Saran, Amicus Curiae for the appellant and the learned AGA, and have perused the entire record.
( 3 ) BRIEFLY the prosecution case was that at about 7. 30 a. m. Harnam Singh Parmar, a resident of village Gona came to the village Chowkidar Nathoo Rams house on 4. 1. 1988 and informed him that his real brother Sobran Singh had some altercation with his wife and the other members of the family about the theft of wood by him from the forest. His wife and the other members of the family had asked him not to indulge in such acts of theft etc. This infuriated Sobaran Singh and he gave axe blows to his wife Smt. Santosh Kunwar, Harnam Singhs wife Smt. Ganesh Kunwar, rajpal and Dharmendra sons of Harnam Singh. All the four died on the spot. The Chowkidar was also informed that Mahendra Singh, another brother of accused Sobran Singh and Mahendra singhs brother-in-law Chhatrapel Singh were also given axe blows by the accused and were lying there. Sobaran Singh was roaming about with the axe searching for Harnam Singh and others of the family with intention to cause their deaths also. Nathu Ram, the village chowkidar went to the spot on this information and saw Sobaran Singh roaming about with an axe. Due to fear he could not nab the appellant. The occurrence was seen by Smt. Dev Kunwar, Trilok Singh and several others of the village. The dead bodies were lying on the spot. Leaving the dead bodies on the spot, the village chowkidar Nathoo Ram went to the police station Narhat and gave this information, on the basis whereof a case under Sections 302/307 IPC was registered against he appellant Sobran Singh as Case Crime No. 1/88 on 4. 1. 88 at 8. 15 a. m. (vide Ext. Ka 4)
( 4 ) THE investigation was taken up by Sub-inspector Sahdev Singh, PW 13 who was then Station officer, police station Narahat. He immediately interrogated the scribe of the first information report, Ram Khilawan who made the G. D. Entry (Ext. Ka 17) on the basis of the report, and also the informant Nathoo Ram. He proceeded to the spot with a police force. There he saw the accused Sobaran Singh roaming around with an axe. The witnesses Munna Lal and Keshav were also present there. The axe which the accused carried with him, was blood-stained. He tried to catch the appellant but he could not be apprehended and ran away from the spot. He was chased. The appellant ran towards Manua Tal and after reaching there, started administering axe blows to himself on his neck and head with the intention of committing suicide. The police force could succeed in apprehending the accused with the help of the witnesses on the bank of Manua Tal. The axe (material Ext. I) was seized by the investigating officer and a memorandum was prepared which is Ext. K. a-8. The condition of the accused was serious and, therefore, the investigating officer sent him to Primary Health Centre, Gona along with constables Kalloo prasad and Kamal Kishore. The investigating officer returned to the spot to learn that the injured mahendra Singh and his brother in-law Chhatrapal Singh has already gone to Primary Health centre with one Jandel Singh for medical aid. On receiving this information the investigating officer went to the Primary Health Centre, Gona. No doctor was available at the Primary Health centre. The condition of all the injured was serious. He therefore got the injured persons referred to District Hospital, Lalitpur by the compounder. The investigating officer again returned to the spot. He found the dead bodies of Smt.
