Back
2018 Supreme(All) 1626
IN THE HIGH COURT OF ALLAHABAD (LUCKNOW BENCH)
SHABIHUL HASNAIN, DINESH KUMAR SINGH, JJ.
GUDDU DUEVEDI @ ARVIND KUMAR — Appellant
Vs.
STATE OF UP — Respondent
Criminal Appeal No. 201, 122, 77 and 186 of 2013
Decided on : 03-05-2018
The central legal point established in the judgment is the interpretation and application of Section 149 IPC in cases involving an unlawful assembly and the establishment of a common object among the accused.
Headnote:
Criminal Appeal - Conviction under Sections- 147, 148, 323/149, 325/149 and 302/149 IPC - [147, 148, 323, 325, 302] - The court analyzed the application of Section 149 IPC and its interpretation in light of various legal precedents. The court found discrepancies in witness statements and lack of evidence to establish a common object among the accused, leading to the acquittal of some and modification of the punishment for one accused.
Fact of the Case:
The case involved an incident where the accused were convicted under various sections of the IPC for assaulting and causing the death of the deceased. The prosecution's case was based on witness statements and medical evidence.
Finding of the Court:
The court found discrepancies in witness statements and lack of evidence to establish a common object among the accused, leading to the acquittal of some and modification of the punishment for one accused.
Issues: Discrepancies in witness statements, establishment of a common object among the accused, and the application of Section 149 IPC.
Ratio Decidendi: The court analyzed the application of Section 149 IPC and its interpretation in light of various legal precedents. It found that the evidence did not support the establishment of a common object among the accused, leading to the acquittal of some and modification of the punishment for one accused.
Final Decision: The court acquitted some of the accused and modified the punishment for one accused based on the lack of evidence to establish a common object among the accused.
Shabihul Hasnain, J.
These four criminal appeals have been filed against common judgment and order dated 8.1.2013 passed by Additional Sessions Judge/ Special Judge, E.C. Act, Lucknow in Sessions Trial No.371 of 2005, Case Crime NO.307 of 2004, police station -Sarojni Nagar, District Lucknow convicting all the four accused-appellants, namely, Guddu Duevedi @ Arvind Kumar, Ram Sagar, Bhoore Singh and Pintu alias Awadhesh Srivastava under Sections- 147, 148, 323/149, 325/149 and 302/149 IPC and sentencing them upto to life imprisonment, hence, these are being decided by this common judgment and order.
2. The prosecution in brief is that the informant of the case Devesh Yadav lodged a written report on 8.10.2004 to the effect that on 7.10.2004 at about 12 in the night when he along with his brother Jivendra Yadav, his father Genda Lal Yadav and his friends Atul Maurya and Harish reached to Pahalwan Dhaba at Maurang Mandi Transport Nagar to take tea, they saw that Guddu Duevedi alias Arvind Dwivedi armed with DBBL gun, Fauji alias Jageshwar armed with revolver, Ram Sagar armed with illegal fire arm, Bhoore Singh and Pintu alias Awadhesh Srivastava all together are beating Akhilesh Pandey very badly resulting that front tooth of Akhilesh got broken. Seeing this his younger brother Jivendra Yadav told Guddu Dwivedi alias Arvind Kumar and his companions that you are torturing, this is thoroughly goondai and this goondai is not right. On which aforesaid all accused persons became very angry and all with one target said that hit him with bullets so that he is killed. On his exhortation, Guddu Dwivedi alias Arvind Kumar by his DBBL gun in hands with intention to kill fired on his brother Jivendra Yadav due to which he was hurt and fell down and due to which there was panic in the Mandi and all the tea and pan shops situated in Maurang Mandi got closed and terror spread in the whole area and people began to run by their vehicles out of fear. His father, friends and other people have taken his brother to King Georges' Medical College, Lucknow for treatment. So proper action be taken after lodging the report.
3. On the basis of aforesaid report case was registered on 8.10.2004 at quarter past twelve against all five accused persons in Case Crime No.307/04, under Sections-147, 148, 149, 323, 325, 307 IPC at Police Station Sarojani Nagar.
4. The investigating officer after investigation submitted charge sheet against accused Guddu Dwivedi alias Arvind Kumar, Fauji alias Jageshwar, Ram Sagar, Bhoore Singh and Pintu alias Awadhesh Srivastava under Sections 147, 148, 149, 323, 325, 302 IPC in the court concerned.
5. The Sessions Court took cognizance of the charge sheet and framed charges against all the accused persons under aforesaid Sections to which they pleaded not guilty and demanded trial.
6. During trial it was reported that accused Jageshwar alias Fauji has died, hence, vide order dated 24.11.2008 the case against him was abated.
7. For proving the guilt the prosecution produced eleven witnesses, namely, P.W-1 Informant of the case Devesh Yadav, P.W.-2 Genda Lal, P.W.-3 Atul Kumar Maurya, P.W.-4 S.I. Rajeev Kumar Yadav, P.W.-5 S.I. Ram Krishan Yadav, P.W.-6 Dr. P. K. Joshi, P.W.-7 Capt. Ajay Kumar Srivastava, P.W.-8 S. I. Mohan Verma, P.W.-9 S. I. Vinod Kumar Dubey, P.W.-10 Akhilesh Pandey and P.W.-11 Head Constable Sayeed and got them examined.
8. P.W.-1 informant of the case Devesh Yadav fully supported the prosecution case and reiterated the contents of the F.I.R. in his statement on oath.
9. P.W.-2 Genda Lal also supported the prosecution case by stating on oath that the incident happened at 12 in the night of 7.10.2004. He along with his two sons, namely, Devesh and Jivendra and two friends Harish and Atul, had gone to the Mandi for buying Maurang. They had gone to the Pahalwan Dhabad situated in Maurang Mandi for taking tea where they saw that the accused persons were beating a boy who was a resident boy of L.D.A. colony due to
