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2005 Supreme(All) 1029
ALLAHABAD HIGH COURT
Imtiyaz Murtaza and Amar Saran, JJ.
Tej Pal, Sri Kabool (In Jail)
Versus
State of U.P.
Special Appeal 2936 of 2004
Decided On : 27 May 2005
Criminal Reference 7 Of 2004
AMIT MISHRA, Devendra Saini, Dharmendra Singhal, G.S.Chaturvedi, ONKAR SINGH, Pankaj Bharti, R.K.SINGH, R.K.SINHA, S.K.GARG, S.K.Singh, S.P.SINGH,
The judgment highlights the principle that death sentence is an exception and should only be awarded in rarest of rare cases, with a preference for life imprisonment as the rule.
Headnote:
Death Sentence - Murder - Sections 302/149, 148, 452, 120-B, 25 Arms Act - The judgment and order dated 31. 3. 2004 convicted the appellants under Section 302/149 I. P. C. and sentenced to death, under Section 148 I. P. C. sentenced to undergo R. I. for three years and under Section 452 I. P. C. sentenced to undergo R. I. for five years and a fine of rs. 3000/-, in default of payment of fine R. I. for three months. Appellants Manoj Sonu and umesh are further convicted under Section 25 Arms Act and sentenced to undergo imprisonment for two years. Appellants Dinesh and Shiv Pal are convicted under Section 302/120-B I. P. C. and sentenced to undergo imprisonment for life and a fine of Rs. 10,000/- each, in default of payment of fine R. I. for one year. Other appellants are further convicted under Section 302/120-B I. P. C. but no separate sentence has been passed. All the sentences were ordered to run concurrently.
Fact of the Case:
The dispute between the husband and brother-in-law of the informant led to a planned attack by the appellants, resulting in the murder of the informant's husband, sons, and brother. The informant, along with her mother and brother, witnessed the attack and lodged a report at the police station. The post mortem reports confirmed the cause of death as shock and hemorrhage due to ante mortem injuries.
Finding of the Court:
The court found the appellants guilty based on the testimony of the informant and other witnesses, as well as the post mortem reports and investigation findings. The court rejected the defense's challenges to the motive, time of occurrence, and the presence of the informant, and upheld the conviction and sentences under various sections of the Indian Penal Code and Arms Act.
Issues: The court considered the evidence of conspiracy, the presence of the informant at the time of occurrence, the tainted investigation, and the alibi presented by the appellants.
Ratio Decidendi: The court found the evidence of conspiracy unconvincing, rejected challenges to the presence of the informant, and upheld the investigation findings. The court also rejected the alibi presented by the appellants.
Final Decision: The death sentences of the appellants were converted to life imprisonment, and the acquittal of two appellants was upheld. The criminal reference for confirmation of the death sentences was rejected.
( 1 ) THE above appeals are preferred against the judgment and order dated 31. 3. 2004 whereby the appellants, Manoj, Sonu, Umesh, Tej Pal and Narendra have been convicted under Section 302/149 I. P. C. and sentenced to death, under Section 148 I. P. C. sentenced to undergo R. I. for three years and under Section 452 I. P. C. sentenced to undergo R. I. for five years and a fine of rs. 3000/-, in default of payment of fine R. I. for three months. Appellants Manoj Sonu and umesh are further convicted under Section 25 Arms Act and sentenced to undergo imprisonment for two years. Appellants Dinesh and Shiv Pal are convicted under Section 302/120-B I. P. C. and sentenced to undergo imprisonment for life and a fine of Rs. 10,000/- each, in default of payment of fine R. I. for one year. Other appellants are further convicted under Section 302/120-B I. P. C. but no separate sentence has been passed. All the sentences were ordered to run concurrently.
( 2 ) CRIMINAL reference is for confirmation of death sentence of Manoj, Sonu, Umesh, Tej Pal and narendra.
( 3 ) THE brief facts of the case, mentioned in the report lodged by Pushplata alias Guddy, are that there was dispute between her husband Dr. Rajveer Singh and brother-in-law Rajpal Singh with regard to a land and litigation was pending in the court. On account of this enmity, on 3. 6. 2001 at about 7 A. M. , Manoj Sonu alias Ajay armed with country made pistols, Umesh resident of sarsawan, Sunil resident of Haryana armed with country made pistols, Tej Pal, brother-in-law of sonu, Narendra son-in-law of Rajpal Singh armed with knives, came to her house. Her husband, sons Manish and Ashish, who were on the ground floor of the house were killed by the fire arms and knives and her brother Vinod, who was sleeping on the first floor, was also killed by the fire arms and knives/ Several persons, who heard the firing, namely, Ram Lal, Ram Singh and others reached there and witnessed the occurrence. She, alongwith her mother and brother Amit, also witnessed the occurrence, The accused persons had also tried to kill them, but she and her mother and brother entered in a room and saved themselves. They also tried to break open the door but due to pressure of the public they could not do so. The assailants brandishing and firing country made pistols threatened the witnesses and on account of these killing there was terror in the village. She further alleged that in the murder of her family, Rajpal Singh, his son-in-law shiv Pal Singh and his brother in-law Dinesh had conspired. The report was registered at the police station Deoband, Saharanpur, Inspector Amrit Lal started investigation of the case. He reached at the place of occurrence and instructed S. I. Azad Singh Chauhan to prepare the inquest memos. He prepared the site plan (Ext. Ka-6) and recorded the statement of informant Pushplata, witnesses Amit Kumar, Anar Devi and Ram Singh. S. I. Azad Singh Chauhar collected the blood stained and plain cement, empty cartridges, blood stained and plain earth, bed sheet and prepared the recovery memos.
( 4 ) THE post mortem of the deceased Ashish was conducted by Dr. R. R. Gahlot, Medical Officer, s. B. D. Hospital, Saharanpur on 3. 6. 2001 at 6. 40 p. m. and he noted following ante mortem injuries:
1. Firearm wound of entry on the left side back of Head of 2. 5 cm. x 2 cm. x cervical cavity deep situates 5 cm. posterior above left ear pinna and 16 cm. posterior from left eyebrow. Margins inverted, scalp hair around the head are burnt. 2. Firearm wound of exit on the right side face near alee of nose right side 3 cm. x 2 cm. x cavity deep. Margin everted and dislocated teeth upper jaw and bony fragment right maxilla of wound on exploration it is communicating to injury No. 1 right fracture base of skull and fracture of occipital bone and left side base of skull fractured with haematoma present. 3. Abrasions 2. 5 cm. x. 5 cm. x. 5 cm. on right forehead 3 cm. away from right eyebr
