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ALLAHABAD HIGH COURT
Rakesh Tiwari, Kalimullah Khan, JJ.
State of U.P - Appellant
Versus
Ram Ashrey - Respondent
Government Appeal No. 225, 226 of 1983, Criminal Appeal No. 2789 of 1982 & Criminal Revision No. 162 of 1983
Decided On : 20-03-2014
Acquittal - Murder - Section 302 IPC - [Section 302 IPC] - The court discussed the principles for deciding the appeal against acquittal and concluded that the trial court's conclusion with regard to the facts was palpably wrong, and the trial court's judgment was manifestly unjust and unreasonable. The court found that the accused had committed an offence of murder and altered the conviction and sentence from Section 304 Part-II to Section 302 IPC, sentencing the accused to life imprisonment with a fine of Rs.10,000.
Fact of the Case:
The case involved the accused, a police constable, firing three shots at his landlord, resulting in the landlord's death. The accused claimed to have fired in self-defense and for defending his service revolver.
Finding of the Court:
The court found that the accused had committed an offence of murder and altered the conviction and sentence from Section 304 Part-II to Section 302 IPC, sentencing the accused to life imprisonment with a fine of Rs.10,000.
Issues: The main issue was whether the accused's actions constituted murder or fell under the exceptions of Section 300 IPC.
Ratio Decidendi: The court concluded that the accused had committed an offence of murder and altered the conviction and sentence from Section 304 Part-II to Section 302 IPC, based on the principles for deciding the appeal against acquittal.
Final Decision: The court allowed the government appeals and criminal revision, dismissed the criminal appeal, and directed the accused to surrender to serve out the sentence awarded under Section 302 IPC.
Rakesh Tiwari, J.: -
We have heard Sri S.N. Tripathi, learned A.G.A., appearing for the appellant-State, Sri Dharam Pal Singh, Senior Counsel, assisted by Sri V. Ram and Sri I.K. Upadhyaya, appointed as Amicus Curiae, appearing on behalf of accused-respondent. Sri K.K. Tripathi, appearing for the revisionist, in connected criminal revision, has also been heard. Perused the record.
2. Government appeal no. 225 of 1983 is listed along with Government appeal no. 226 of 1983, Criminal appeal no. 2789 of 1982 and Criminal revision no. 162 of 1983.
3. Government appeal no. 225 of 1983 has been filed on behalf of State of U.P. against the judgment and order dated 5.11.1982 passed by Sessions Judge, Kanpur in Sessions Trial No. 587 of 1981, praying thus:
"It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to allow the appeal and set aside the order of acquittal, convict and sentence him according to law.
It is further prayed that this Hon'ble Court may be pleased to issue a bailable warrant against the accused-respondent according to law".
4. Government appeal no. 226 of 1983 is also against the judgment and order dated 5.11.1982 impugned in government appeal no. 225 of 1983. In this government appeal, the State has prayed to allow the appeal and suitably enhance the sentence to the accused-respondent awarded by the learned Sessions Judge, Kanpur.
5. Criminal appeal no. 2789 of 1982 also challenges the judgment and order dated 5.11.1982 passed by the learned Sessions Judge, Kanpur, by which accused-appellant, Ram Asrey has been sentenced to undergo R.I. for five years under section 304 I.P.C.. In this appeal, it has been prayed that appeal may be allowed and the appellant be acquitted and released on bail.
6. Lastly Criminal revision no. 162 of 1983 has been preferred under section 397/401 I.P.C. by Sharad Kumar Bajpai son of Nanhey Lal Bajpai, R/O 117/K/9 Gutaiya Bazar, Kanpur against Ram Asrey and State of U.P.. This criminal revision has been preferred for enhancement of sentence against the judgment and order dated 5.11.1982 passed by learned Sessions Judge in Sessions Trial No. 587 of 1981 convicting and sentencing the accused-respondent no. 1,Ram Asrey under section 304 I.P.C.
7. Since all the aforesaid government appeals, criminal appeal and criminal revision, have been preferred against the same judgment and order dated 5.11.1982 passed by learned Sessions Judge, Kanpur in Sessions Trial No. 587 of 1981, and are entwined of the same facts and circumstances, they are being decided by a common judgment.
8. Briefly stated the case of prosecution before the court below was that a written report (Ext. Ka.1) was submitted by the informant, Sharad Kumar Bajpai son of Nanhey Lal Bajpai, R/O 117/A/9 Gutaiya Bazar, Kanpur at Police Station-Swarup Nagar, Kanpur informing that Nanhey Lal Bajpai (since deceased) was landlord of House No. 117/A/9 Gutaiya Bazar, Kanpur. Accused-Ram Asrey was his tenant on the second floor of the house who was serving as police constable at the time of occurrence and was posted as shadow of one Ram Chandran of 'Rallis India' Magarwara, District-Unnao. Deceased, Nanhey Lal Bajpai, resided in another house in Mohalla-Gutaiya Bazar, Kanpur about 200 yard from the house of the tenant of the accused, Ram Asrey. According to the version of FIR, first informant Sharad Kumar Bajpai son of deceased, Nanhey Lal Bajpai had gone to the house of accused, Ram Asrey on 4.9.1981 at about 9.00 P.M. for taking the rent from him. Instead of paying rent, the accused, Ram Asrey (tenant) hurled abuses and on this first informant, Sharad Kumar Bajpai returned to his house at about 10.30 P.M. and he told his father about the incident whereupon Nanhey Lal Bajpai (since deceased) got up and went to the house of the accused. He knocked his door, but the accused initially did not open the door. After great effort and hot talks, accused ultimately opened the door at about 11.30 P.M.. Nanhey Lal Bajpai entere
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