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2019 Supreme(All) 496
HIGH COURT OF JUDICATURE AT ALLAHABAD
SUDHIR AGARWAL, VIVEK VARMA, JJ.
Shishu Pal - Appellant
Versus
State of U.P. - Respondent
Jail Appeal No. 1415 of 2014
Decided On : 19-04-2019
Ravi Chandra Srivastava, Adv., Rishi Chaddha, Adv.
Headnote:
Penal Code, 1860 – Section 302 – Criminal Procedure Code, 1973 – Section 383 – Jail Appeal, under Section 383 Cr.P.C. through Superintendent of Jail, Bareilly filed by accused-appellant, against judgment and order passed by Additional Sessions Judge, convicting accused-appellant under Section 302 I.P.C. and sentencing him to undergo life imprisonment with a fine – Appeal against Conviction – Held, On basis of ocular and medical evidence involvement of accused-appellant in commission of offence proved beyond all reasonable doubt – Appellant assaulted deceased repeatedly with a piece of brick on his head, thereby causing fracture of occipital and parietal bone of skull and two contusions on head – Appellant acted in a cruel manner, he had intention to cause death of deceased and also had knowledge that injuries being so inflicted by him on deceased would result in his death – Applying principles laid down by Apex Court in aforesaid judgments and having regard to totality of facts and circumstances of case, nature of offence and manner in which it was executed or committed, we find that punishment imposed upon accused-appellant by Trial Court in impugned judgment and order not excessive or exorbitant and no question arises to interfere in matter on point of punishment imposed upon him – Directions issued Appeal dismissed. (Paras: 43 to 50)
Facts of the case:
According to entire evidence available on record, Trial Court found that ocular evidence of material witnesses coupled with medical evidence proves guilt of appellant beyond reasonable doubt and there is no contradiction in statements of witnesses to disbelieve their testimony – Therefore, Trial Court convicted and sentenced appellant – Jail Appeal, under Section 383 Cr.P.C. through Superintendent of Jail, Bareilly filed by accused-appellant, against judgment and order passed by Additional Sessions Judge, convicting accused-appellant under Section 302 I.P.C. and sentencing him to undergo life imprisonment with a fine – Appeal against Conviction.
Findings of the court:
On basis of ocular and medical evidence involvement of accused-appellant in commission of offence proved beyond all reasonable doubt – Appellant assaulted deceased repeatedly with a piece of brick on his head, thereby causing fracture of occipital and parietal bone of skull and two contusions on head – Appellant acted in a cruel manner, he had intention to cause death of deceased and also had knowledge that injuries being so inflicted by him on deceased would result in his death – Applying principles laid down by Apex Court in aforesaid judgments and having regard to totality of facts and circumstances of case, nature of offence and manner in which it was executed or committed, we find that punishment imposed upon accused-appellant by Trial Court in impugned judgment and order not excessive or exorbitant and no question arises to interfere in matter on point of punishment imposed upon him.
Result: Appeal dismissed
VIVEK VARMA, J.
1. This Jail Appeal, under Section 383 Cr.P.C. through Superintendent of Jail, Bareilly has been filed by accused-appellant, Shishu Pal, against the judgment and order dated 30.11.2013 passed by Sri Mridulesh Kumar Singh, Additional Sessions Judge, Court No. 13, Bareilly in Sessions Trial No. 778 of 2011, arising out of Case Crime No. 1303 of 2010, P.S. Bhamora, District Bareilly, convicting accused-appellant under Section 302 I.P.C. and sentencing him to undergo life imprisonment with a fine of Rs. 20,000/- and, in default of payment of fine, he has to undergo further additional simple imprisonment of six months.
2. Prosecution story, in brief, is that informant Runka Devi wife of deceased-Netram (PW-2) moved written report (Ex-Ka-1) dated 11.10.2010 alleging therein that real nephew of deceased, namely, Shishupal (accused-appellant) was having a bad intention on her land and, on that pretext, on 11.10.2010 at about 9 a.m., when husband of Informant was lying outside at the back portion of his house, Shishupal armed with a piece of brick gave multiple blows on his head as a result of which, he sustained serious injuries. Informant is said to have reached the spot and with the help of villagers, namely, Mukesh son of Rajju, Ahbaran son of Khamani took her husband to District Hospital but on the way to hospital, he died. She has further stated that after postmortem examination, she has come to police station.
3. On the basis of written report (Ext. Ka-1) on 11.10.2010 at 17.45., chik F.I.R. was registered against accused-appellant, by constable Mewaram vide Case Crime No. 1303 of 2010, under Section 302 IPC, which is (Ext. Ka-5) on record. G.D. entry was also made at the same time in general diary as (Ext. Ka-6). Investigation was entrusted to Sri Rajesh Kumar Tiwari, (I.O.) concerned. It also appears that after registration of F.I.R., police started investigation; reached the place of occurrence and prepared site plan (Ext. Ka 7 & 8), collected plain soil and blood stained soil, sealed it and prepared recovery memo (Ex Ka-3).
4. Accused is said to have been arrested by police on 12.10.2010 at 5.30 a.m. from a closed brick-kiln and on pointing out of accused-appellant, police recovered blood stained piece of brick from a paddy field, sealed it and prepared recovery memo (Ex-Ka-4). Blood stained clothes, which were sent by Medical Officer, who had conducted post mortem, were also sent along with blood stained and plain soil to Forensic Science Laboratory, Lucknow through constable Jairam Singh (Ex-Ka-9). According to the reports of Forensic Science Laboratory (Ex-Ka-10 & 11), human-blood was found over contents of the recovered articles, which has been duly proved by Investigating Officer (P.W.-9).
5. Inquest of dead body was prepared on 11.10.2010 at District Hospital, Bareilly by the police (Ex-Ka-2). Other police papers were also prepared at the same time and copies were attached along with inquest report for post mortem by SI Deeraj Singh Solanki (P.W.10). Dead body along with required police papers was dispatched for post mortem through Constable Vikram Nath and Sharad Kumar. Post mortem of deceased was conducted on 11.10.2010 at 04.50 P.M. by Dr. Suresh Yadav, Ortho Surgeon, District Hospital, Bareilly (P.W.-11). About the cause of death, he expressed his opinion as under:
"Cause of death due to coma because of injuries sustained"
6. He described ante mortem injuries as well as internal examination of dead body as under:
Contusion 14 cm X 10 cm on back of head 6 cm behind the right ear, 3cm X 2 cm over contusion 10 cm behind right ear.
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