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ALLAHABAD HIGH COURT
Amar Saran, Akhtar Husain Khan, JJ.
Veer Pal - Appellant
Versus
State - Respondent
Cr. Appeal Nos. 127 and 592 of 1983
Decided On : 26-02-2015
FIR - Criminal Appeal - 302, 302/34 I.P.C. - The judgment discusses the promptness of the FIR, the reliability of the witnesses, and the time of occurrence. The court concludes that the evidence is sufficient to hold the accused guilty under section 302 I.P.C. and section 302 I.P.C. read with section 34 I.P.C.
Fact of the Case:
The case involves the conviction of accused-appellants Veer Pal and Rameshwar for the murder of Vikram Singh. The prosecution's version of the events leading to the murder is detailed, and the defense claims of false implication and unreliable witnesses are presented.
Finding of the Court:
The court finds that the evidence presented by the prosecution, including the promptness of the FIR, the reliability of the witnesses, and the time of occurrence, is sufficient to hold the accused guilty.
Issues: The issues revolve around the reliability of the witnesses, the promptness of the FIR, and the time of occurrence.
Ratio Decidendi: The court relies on the promptness of the FIR, the reliability of the witnesses, and the time of occurrence to conclude that the evidence is sufficient to hold the accused guilty.
Final Decision: The appeals filed by accused-appellants Veer Pal and Rameshwar are dismissed, and they are directed to surrender before the Trial Court for serving the sentence within one month from the date of the judgment.
Akhtar Husain Khan, J.
1. Above Criminal Appeal No. 127 of 1983 and Criminal Appeal No. 592 of 1983 have been filed by accused-appellants Veer Pal and Rameshwar respectively against judgment and order dated 7.1.1983 passed by learned Sessions Judge, Farrukhabad in Sessions Trial No. 120 of 1982, State v. Veer Pal and others, under sections 302, 302/34 I.P.C., P.S. Kaimganj, District Farrukhabad whereby learned Sessions Judge, Farrukhabad has convicted accused-appellant Rameshwar for offence under section 302 I.P.C. and accused-appellant Veer Pal for offence under section 302 I.P.C. read with section 34 I.P.C. and has sentenced each of them to undergo rigorous imprisonment for life thereunder respectively. Learned Counsel Sri Nitin Kumar Singh holding brief of Sri Veer Singh appeared for accused-appellants and Sri Rajeev Gupta, learned AGA appeared for respondent-State.
2. We have heard learned Counsel for the appellants as well as learned AGA and have perused record.
3. In brief relevant fact for determination of these appeals is that Crime No. 295 of 1981, under section 302 I.P.C. has been registered in P.S. Kaimganj, District Farrukhabad on 6.9.1981 at 10 a.m. on written report of complainant Siyaram (Ext. Ka-1) against accused-appellants Veer Pal and Rameshwar.
4. According to First Information Report (Ext. Ka-1) version of prosecution is that on 6th September, 1981 at about 8.30 a.m., Siya Ram P.W. 1, Raja Ram P.W. 2 and Ram Bilas were smoking hubble bubble in the guava grove of Siya Ram and Brij Raj son of Siya Ram was plucking guavas. At the sometime, accused-appellants Veer Pal and Rameshwar came at the North West corner of guava grove of complainant Siya Ram and tried to enter into his grove. Vikram Singh son of complainant Siya Ram, who was ploughing field of Sanai situated on North side adjacent to said guava grove, forbade accused-appellants Veer Pal and Rameshwar from entering into guava grove whereupon accused-appellants Veer Pal and Rameshwar became annoyed and entered into altercation with Vikram Singh. But Vikram Singh firmly prohibited both accused-appellants from entering into his guava field whereupon accused-appellant Veer Pal exhorted and both accused-appellants Rameshwar and Veer Pal rushed to Vikram Singh and after having come near Vikram Singh accused-appellant Rameshwar fired at him. Complainant Siya Ram and others sitting with him in the grove saw occurrence and rushed towards Vikram Singh. Vikram Singh also raised alarm and ran towards guava grove to save himself but accused-appellants Veer Pal and Rameshwar chased him making exhortation. After entering into guava grove Vikram Singh ran towards peanuts field of Ramjeet Mehtar situated in east. Complainant Siya Ram also ran towards him and asked him to come near him whereupon Vikram Singh came near complainant Siya Ram in injured condition and fell down on earth. Complainant Siya Ram covered his son Vikram Singh and prayed accused-appellants to leave his son. Aforesaid Ram Bilas, Raja Ram and Brij Raj also were coming to Siya Ram and his son Vikram Singh but accused-appellants Rameshwar and Veer Pal pointed out Tamancha on them and warned them that if they come they shall shoot them, thereafter, accused-appellant Rameshwar asked complainant Siya Ram to separate himself from his son Vikram Singh but Siya Ram did not separate him from his son whereupon, accused-appellant Veer Pal dragged him and separated him from his son. In the meantime, Vikram Singh tried to run away but accused-appellant Rameshwar fired at him. Vikram Singh sustained injuries and fell on earth and succumbed to injuries on the spot at about 8.45 a.m. Thereafter, both accused-appellant went toward south. They were threatening that if any one attempts to apprehend them, he shall be shooted.
5. According to F.I.R. (Ext. Ka-1) one day before occurrence in evening Vikram Singh son of complainant Siya Ram intervened when accused appellant Rameshwar was eating guava after having entered
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