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ALLAHABAD HIGH COURT
Surendra Vikram Singh Rathore, Akhtar Husain Khan, JJ.
Alok Singh and Nagendra Singh - Appellant
Versus
State of U.P. - Respondent
Criminal Appeal Nos. 2194 and 2270 of 2004
Decided On : 01-04-2015
Criminal Appeal - Conviction under Section 302 IPC - [Sections 302, 504, 506 IPC] - The court found the accused appellants Alok Singh and Nagendra Singh not guilty and acquitted them, while convicting accused appellant Purshottam Singh for the offence under Section 302 IPC. The court analyzed the evidence and concluded that the prosecution had proved beyond doubt that accused appellant Purshottam Singh had caused the culpable homicide of the deceased. The court also discussed the applicability of Exception 4 of Section 300 IPC and concluded that the case of accused appellant Purshottam Singh was not covered by the exception, and his conviction under Section 302 IPC was upheld.
Fact of the Case:
The case involved an altercation between the complainant and the accused appellants regarding the immersion of an idol, which led to the accused appellants challenging the complainant and subsequently causing fatal injury to the deceased. The witnesses of fact and occurrence were examined, and the accused appellants pleaded not guilty and claimed to be falsely implicated.
Finding of the Court:
The court found accused appellants Alok Singh and Nagendra Singh not guilty and acquitted them, while convicting accused appellant Purshottam Singh for the offence under Section 302 IPC. The court analyzed the evidence and concluded that the prosecution had proved beyond doubt that accused appellant Purshottam Singh had caused the culpable homicide of the deceased.
Issues: The main issue was to determine the guilt of the accused appellants in relation to the fatal injury caused to the deceased. The court also considered the applicability of Exception 4 of Section 300 IPC in the case of accused appellant Purshottam Singh.
Ratio Decidendi: The court relied on the testimony of witnesses and the post mortem report to establish the guilt of accused appellant Purshottam Singh. The court also discussed the applicability of Exception 4 of Section 300 IPC and concluded that the case of accused appellant Purshottam Singh was not covered by the exception, and his conviction under Section 302 IPC was upheld.
Final Decision: The court acquitted accused appellants Alok Singh and Nagendra Singh, while convicting accused appellant Purshottam Singh for the offence under Section 302 IPC. The sentence awarded by the trial court for the offence under Section 302 IPC was upheld.
Akhtar Husain Khan, J.
1. Above Criminal Appeal No. 2194 of 2004 has been filed by accused appellants Alok Singh and Nagendra Singh and above Criminal Appeal No. 2270 of 2004 has been filed by accused appellant Purshottam Singh under Section374(2), Cr.P.C. against judgment and order dated 12.10.2004 passed by learned Additional Sessions Judge/FTC-3, Pratapgarh in Sessions Trial No. 164 of 2002, State of U.P. v. Purshottam Singh and two others, whereby the learned Additional Sessions Judge/FTC-3, Pratapgarh has convicted accused appellant Purshottam Singh for offence under Section 302 , IPC and accused appellants Alok Singh and Nagendra Singh for offence under Section 302 IPC read with Section 34 , IPC and has sentenced thereunder each of them with imprisonment for life. We have heard Sri. Nagendra Mohan, learned counsel for accused appellants as well as Smt. Smiti Sahay learned Additional Government Advocate for State of U.P. We have perused record also.
2. In brief, relevant fact for determination of these appeals is that crime No. 187 of 2001, under Sections 302, 504and 506, IPC was registered in police station Lalganj, district Pratapgarh at 4.05 p.m. on 30.10.2001 on written report, Exhibit Ka-1, presented by complainant Digvijai Singh.
3. According to First Information Report, Exhibit Ka-1, version of prosecution is that on 30.10.2001 at about 10.00 a.m. in the morning, there took place an altercation between complainant Digvijai Singh and accused appellants Purshottam Singh, Alok Singh and Nagendra Singh along with co-accused Virendra Singh regarding immersion of idol, whereupon accused appellants challenged complainant to see him. Thereafter, at about 12 o'clock in noon, Suryabhan Singh alias Munna Singh and Satish Kumar Singh came to the house of complainant with wife of complainant. At that time complainant was at his house and accused Purshottam Singh and Virendra Singh armed with guns and accused Alok Singh and Nagendra Singh armed with Kattas were sitting at shop of accused Purshottam Singh in Tejgarh market and were abusing complainant. Suryabhan Singh alias Munna Singh asked them as to why they are abusing whereupon all the said accused exhorted to assault Suryabhan Singh alias Munna Singh and in the meantime accused appellant Purshottam Singh made fire causing injury to Suryabhan Singh alias Munna Singh. After having received injury, Suryabhan Singh alias Munna Singh fell down and became unconscious. Thereafter all the said four accused persons ran away from the spot making aerial firing and giving threat to the effect that if anyone came, he shall lose his life.
4. According to the FIR. Exhibit Ka-1, complainant Digvijai Singh as well as witnesses Lal Jai Singh, Bahadur Singh, Satish Kumar Singh, Prem Singh and Guru Prasad Singh have seen the occurrence, but they did not dare to come forward to save Suryabhan Singh alias Munna Singh.
5. According to FIR. Exhibit Ka-1, injured Suryabhan Singh alias Munna Singh was carried to Government Hospital, Pratapgarh where doctor declared him dead. Thereafter, leaving dead body of Suryabhan Singh alias Munna Singh in hospital, complainant went to police station Lalganj, district Pratapgarh and presented written report, Exhibit Ka-1 on the basis of which aforesaid Crime No. 187 of 2001, under Sections 302, 504 and 506, IPC was registered in said police station Lalganj and investigation was started by police. Inquest report of dead body of Suryabhan Singh alias Munna Singh was prepared and dead body was sent for postmortem in sealed cover after having completed necessary formalities. Thereafter police completed investigation in accordance with law, and submitted charge-sheet against accused appellants Purshottam Singh, Alok Singh and Nagendra Singh under Sections 302, 504 and506, IPC, whereupon learned Magistrate concerned took cognizance and after having complied Section 207 , Cr.P.C., committed the cause to the court of Session. Thereafter Sessions Trial No. 164 of 2002
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