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2014 Supreme(All) 3570
ALLAHABAD HIGH COURT
Arun Tandon, Akhtar Husain Khan, JJ.
Omkar - Appellant
Versus
State of U.P. - Respondent
Criminal Appeal No. 158 of 1986
Decided On : 28-07-2014
For the Appellant : V.C. Katiyar and Ashok Kumar Yadav
For the Respondents: A.G.A.
The main legal point established in the judgment is the reliance on testimonies, medical evidence, and circumstances to establish the guilt of the accused appellants.
Headnote:
Accused - Criminal Appeal - Section 302 /34 and323/34 I.P.C. - Summary
Fact of the Case:
The case involved the accused appellants being convicted for offences under Section 302 /34 and 323 I.P.C. for their involvement in the death of the deceased, who was assaulted with lathies and fired at by the accused.
Finding of the Court:
The court found that the testimonies of the witnesses, the medical evidence, and the circumstances of the case supported the prosecution's version of the events, leading to the conviction of the accused appellants.
Issues: The issues included the reliability of the witnesses, the promptness of the FIR, the presence of the accused at the scene, and the adequacy of the accused's statements under Section 313 Cr.P.C.
Ratio Decidendi: The court relied on the testimonies of the witnesses, the medical evidence, and the circumstances of the case to establish the guilt of the accused appellants.
Final Decision: The appeal was dismissed, and the accused appellants were ordered to surrender before the trial court to serve their sentences.
Akhtar Husain Khan, J.
1. Present appeal has been filed by accused appellants Omkar, Ram Singh, Dambar and Sarnam under Section 374(2) Cr.P.C. against judgment and order dated 8.1.1986 passed by Sessions Judge, Badaun in Session Trial No. 364 of 1983, State Vs. Omkar and three others under Section 302 /34 and323/34 I.P.C., Crime No. 164 of 1983 P.S. Bisauli, District Badaun whereby learned Sessions Judge, Badaun has convicted aforesaid appellants for offence punishable under Section 302 /34 I.P.C. and sentenced each of them thereunder to undergo imprisonment for life. Learned Sessions Judge has further convicted accused appellant Sarnam for offence punishable 323 I.P.C. and sentenced him thereunder to undergo rigorous imprisonment for a period of three months.
2. During pendency of appeal accused appellants Ram Singh and Omkar have died and appeal stands abated in respect of them.
3. Sri Ashok Kumar Yadav, learned counsel appeared for appellants Dambar and Sarnam and learned A.G.A. Appeared for respondent State.
4. We have heard the arguments of learned counsel for accused appellants and learned A.G.A. for State.
5. According to FIR Ext. Ka-1 in brief prosecution case is that about a year ago before the occurrence a stray bull was let loose by accused Ram Singh. The said bull used to damage crops of the field, therefore, people used to remain in their field during night for watching their crops. Before present occurrence once Ram Kirpal (deceased) son of complainant Nanki Singh had chased away said bull while he was causing damage to the crops. This act of Ram Kirpal caused annoyance to accused Ram Singh and his family members. Thereafter in the intervening night of 3/4.6.1983 at about mid night when the said bull was causing damage to the crops, Ram Kirpal alongwith Rameshwar, Prempal, Suresh, Bhagwan Das, Gulfam and Ram Niwas brother-in-law of Hari chased the bull away and as soon as they reached near the village, suddenly accused Ram Singh, Dambar, Omkar and Sarnam came from the side of village. Accused Ram Singh was armed with gun and accused Dambar, Omkar and Sarnam were armed with lathies. They abused and surrounded Ram Kirpal. Ram Kirpal raised alarm, whereupon complainant Nanki Singh and Satyawati daughter of Ram Kirpal ran to the spot alongwith several other persons of village. At the same time accused Dambar, Omkar and Sarnam assaulted Ram Kirpal with lathies and accused Ram Singh fired at him. Ram Kirpal succumbed to injuries on spot in the field of Brahmchari. Thereafter complainant Nanki Singh and others challenged the accused, whereupon accused ran away from the spot with abuses to complainant. At the time of running away accused Sarnam assaulted complainant Nanki Singh also with lathi. The complainant Nanki Singh and others saw the occurrence in the light of Torch and identified the said accused persons.
6. According to FIR Ext. Ka-1 two Police Constables also came on the spot after occurrence. Thereafter leaving the dead body of his son Ram Kirpal, complainant Nanki Singh went to Police Station Bisauli, District Badaun at 2.30 a.m. on the same day i.e. 4.6.1983 and gave oral information regarding above occurrence, which was reduced in writing in Chik FIR Ext. Ka-1 by H.C. Ram Kripal Singh and Crime No. 164/1983 under Section 302 I.P.C. was registered in P.S. Bisauli, District Badaun. Thereafter, inquest report of deceased Ram Kirpal was prepared by Investigating Officer and dead body of deceased was sent for post-mortem after completing other formalities. After completion of investigation in accordance with law police submitted charge sheet against accused Ram Singh, Dambar, Omkar and Sarnam for offence punishable under Section 302 I.P.C. Whereupon concerned Magistrate took cognizance and after compliance of Section 207 Cr.P.C. committed the case of all accused to court of session for trial. Thereafter Session Trial No. 364 of 1983, State Vs. Omkar and three others was registered in the court of Sessions Judg
