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ALLAHABAD HIGH COURT
Vinod Prasad, J.
Chhotey Singh and others -Appellant
Versus
State of U.P. -Respondent
Criminal Appeal No. 1946 of 1981
Decided On : 14-12-2011
Aggravated Assault - Criminal Law - Section 147 IPC, Section 148 IPC, Section 452 IPC, Section 304(II)/149 IPC - The court upheld the convictions and sentences of the appellants for offences under Sections 147, 148, 452, 304(II)/149 IPC. The sentences were altered, with one appellant being set at liberty due to being a juvenile and the sentences of the other appellants being reduced to a period of imprisonment for five years RI with a fine of Rs. 10,000/- with further direction that in default of payment of fine, they shall further undergo six months further RI u/s 304(II)/149 IPC while maintaining their sentences on rest of the counts.
Fact of the Case:
The case involved an incident of aggravated assault that occurred on 14.3.1979 at 1.30 or 2 p.m. due to existing enmity between the informant and the accused. The accused trespassed into the informant's house and assaulted the inmates, causing injuries to several individuals. The incident was reported to the police, leading to the filing of charge-sheet against the accused.
Finding of the Court:
The court found that the incident occurred inside the informant's house and that the prosecution's version of events was credible. It rejected the defence's claim of exercise of right of private defence, concluding that the appellants were the aggressors. The court upheld the convictions of the appellants but altered their sentences based on the circumstances of the case.
Issues: The main issue was to determine the credibility of the prosecution's version of events and the defence's claim of exercise of right of private defence.
Ratio Decidendi: The court considered the presence of injuries sustained by the women folk of the informant's house and the discrepancy in the quality and quantity of injuries sustained by both sides. It also took into account the lack of challenge to certain aspects of the prosecution's story and the failure to dislodge the credibility of prosecution witnesses and the truthfulness of their depositions.
Final Decision: The appeal succeeded in part, with the convictions of the surviving appellants being upheld but their sentences being altered. One appellant was set at liberty due to being a juvenile, and the sentences of the other appellants were reduced to a period of imprisonment for five years RI with a fine of Rs. 10,000/- with further direction that in default of payment of fine, they shall further undergo six months further RI u/s 304(II)/149 IPC while maintaining their sentences on rest of the counts.
Nine appellants Chhotey Singh A-1, Samai Singh A-2, Bani Singh A-3, Gajendra A-4, Ompal A-5, Nawab Singh A-6, Veer Singh A-7, Prempal Singh A-8 and Hari Raj A-9 have come up to this court challenging their convictions and sentences recorded by IInd Additional Session's Judge, Bulandshahr in S.T. No. 287 of 1980,State Vs. Chhote Singh and others, P.S. Anupshahr, District Bulandshahar. All the appellants but for A-3 and A-5 have been convicted u/s 147 IPC while A-3 & 5 have been convicted u/s 148 IPC. Jointly all the appellants have been convicted u/s 452, 304(II)/149 IPC. For the offence under Section 147 IPC 1 ½ years RI, u/s 148 I.P.C. 2 years RI, u/s 452 2 years RI and u/s 304(II)/149 10 years RI are the imposed sentences. All the sentences have been ordered to run currently.
2. Background facts, as was informed to the police through written report Exhibit Ka-1 coupled with Chik FIR Exhibit Ka-2 and statement of fact witnesses during trial, indicate that because of existing enmity between informant Hari Singh and the accused A-1 and A-9 coupled with Makbool Singh (since dead), all the appellants climbed on the roof of informant's house and stepped down from staircase into enclosed courtyard (Aagan). They abused house inmates and challenged that they will play a bloody Holi. Informant and his brother Bharat Singh vainly persuaded them to desist from their such an intention as it was a Holi festival day but their requests went unheeded and trespassers started assaulting house inmates from blunt objects carried by them causing injuries to the informant, his wife Pushpa Devi, his brothers Prem Singh and Bharat Singh and Smt. Maha Devi w/o Prem Singh. Shrieks of beaten victims attracted Mukhtar Singh, Udai Veer, Nanak, Puran Singh at the spot. In the midst of assault, Prem Singh and Bharat Singh, to save their lives climbed on the roof, but they were chased there by Om Pal Singh, Bani Singh both armed with ballam and Hari Singh, Veer Singh and Prem Singh, all armed with lathis and these accused assaulted Bharat Singh and Prem Singh on the roof. Bharat Singh was assaulted with ballam whereas Prem Singh was belaboured by lathi. In retaliation and self defence, Bharat Singh and Prem Pal Singh pelted bricks and stone on the malefactors. On approaching of the witnesses, those accused, who had remained in the enclosed courtyard escape from the front door of the house and those assailants, who were on the roof, escaped from back of the house. Bharat Singh fainted because of the sustained injury by ballam. Informant Hari Singh arranged for a buggi and along with all the injured except his wife Pushpa started for police station Anupshahr. In the way they got a bus and therefore, leaving buggi they boarded the bus and reached Anupshahr Hospital where injured Bharat Singh and Prem Singh were admitted. Hari Singh thereafter dictated FIR to one Ramesh Sharma, a shopkeeper, and after verifying it's correctness signed on it. He thereafter took the said FIR, Ext. Ka-1, to police station Anupshahr, at a distance of 5 miles and lodged it as crime number 66-A under Sections 147, 148, 323, 324, 452, 308 IPC the same day at 4.20 p.m.
3. Head Constable Umesh Chand registered the crime prepared Chik FIR,Ext.Ka-2 and the relevant GD entry Ext. Ka-3. S.I. N.S. Gahlot commenced the investigation copied the Chik FIR & GD entry, recorded 161 Cr.P.C. statement of Head Moharir Umesh Chand and thereafter he came to the hospital where he recorded interrogatory statements of Bharat Singh and Prem Singh. From the hospital P.W.4 returned to the police station and recorded interrogatory statements of Hari Singh and Maha Devi and thereafter copied the medical examination reports of the injured. P.W.4 thereafter interrogated and recorded statements of accused Samai Singh, Bani Singh, Ompal and Hari Raj, who were arrested meanwhile. Following day I.O. interrogated informant's wife Smt. Pushpa Devi and directed her to get herself medically examined. He
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