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2019 Supreme(All) 2031
IN THE HIGH COURT OF ALLAHABAD
B.K. Narayana, Ghandikota Sri Devi, JJ.
Desh Raj Singh and Ors. - Appellants
Vs.
State of U.P. and Ors. - Respondent
Criminal Appeal No. 1550 of 1986
Decided On : 03-05-2019
For the Appellant : T. Pal, Arvind Kumar Srivastava, A.C., Ashwani Kumar Sachan, Manish Kumar Singh, Ranvir Singh, Santosh Kumar Singh and Saurabh Sachan
For the Respondents: A.G.A.
Headnote:
Indian Penal Code, 1860 – Sections 34, 302, 323 – Code of Crminal Procedure, 1973 – Sections 313, 437-A–Informant, deceased and their mother, were sitting on Chabutra in front of their house by side of lane talking to each other – All three appellants and Babu Ram who died during investigation had gathered on Chabutra in front of he house of deceased A1 which was in front of Chabutra of Ram Prakash across lane – Babu Ram (died during investigation) exhorted other accused to kill Shyam Singh on which Inder Singh A3 fired shot from his pistol at Shyam Singh which struck him in his abdomen –A2 and Babu Ram (died during investigation) thereafter started hurling bricks at them and one of brick hit Rama Devi –Alarm raised by them attracted Mani Ram, Jawahar Lal and other residents of locality to place of incident –Accused thereafter ran inside house of deceased A1 –Written report of incident which was scribed by Pradhan of village on dictation of P.W. 1 was given by him at police station on same day where he had gone with his brother and his mother, both of whom had received injuries – He then got admitted his brother, and mother, to Hospital, for treatment – On basis of written report, check report was prepared – Investigation began - Found one empty cartridge on spot and also found blood on spot – Since offences mentioned in charge-sheet were triable exclusively by Court of Sessions, accused were committed for trial to Court of Sessions where their case was registered as S.T. and made over for trial from there to Court of Additional Sessions Judge who charged accused- under Section 302 I.P.C – While other two accused-Desh Raj Singh and Girendra Singh were charged for offences punishable under Section 302/34 I.P.C – Sessions Court found them guilty – Held, Prosecution has not been able to prove its case against accused-appellants beyond all reasonable doubt and since prosecution has further failed to come up with any explanation for injuries received by three persons from side of accused namely deceased A1, his wife and A2, Court has no hesitation in holding that true genesis of dispute has been suppressed and prosecution has not approached with clean hands – Neither recorded conviction of surviving appellants nor sentence awarded to them can be sustained and are liable to be set aside – Appeal Allowed. (Paraas 50 to 53).
Facts of The case:
Informant, deceased and their mother, were sitting on Chabutra in front of their house by side of lane talking to each other – All three appellants and Babu Ram who died during investigation had gathered on Chabutra in front of he house of deceased A1 which was in front of Chabutra of Ram Prakash across lane – Babu Ram (died during investigation) exhorted other accused to kill Shyam Singh on which Inder Singh A3 fired shot from his pistol at Shyam Singh which struck him in his abdomen –A2 and Babu Ram (died during investigation) thereafter started hurling bricks at them and one of brick hit Rama Devi –Alarm raised by them attracted Mani Ram, Jawahar Lal and other residents of locality to place of incident –Accused thereafter ran inside house of deceased A1 –Written report of incident which was scribed by Pradhan of village on dictation of P.W. 1 was given by him at police station on same day where he had gone with his brother and his mother, both of whom had received injuries – He then got admitted his brother, and mother, to Hospital, for treatment – On basis of written report, check report was prepared – Investigation began - Found one empty cartridge on spot and also found blood on spot – Since offences mentioned in charge-sheet were triable exclusively by Court of Sessions, accused were committed for trial to Court of Sessions where their case was registered as S.T. and made over for trial from there to Court of Additional Sessions Judge who charged accused- under Section 302 I.P.C – While other two accused-Desh Raj Singh and Girendra Singh were charged for offences punishable under Section 302/34 I.P.C – Sessions Court found them guilty.
Finding of The Court:
Prosecution has not been able to prove its case against accused-appellants beyond all reasonable doubt and since prosecution has further failed to come up with any explanation for injuries received by three persons from side of accused namely deceased A1, his wife and A2, Court has no hesitation in holding that true genesis of dispute has been suppressed and prosecution has not approached with clean hands – Neither recorded conviction of surviving appellants nor sentence awarded to them can be sustained and are liable to be set aside.
Result: Appeal Allowed.
JUDGMENT :
B.K. Narayana, J.
1. Heard Sri Saurabh Sachan and Sri Ranvir Singh, learned counsel for the appellant No. 3, Sri Arvind Kumar Srivastava, learned Amicus Curiae for appellant No. 2 and learned A.GA for the State.
2. This criminal appeal has been filed by appellants-Desh Raj Singh, Girendra Singh and Inder Singh against the judgment and order dated 29.5.1986 passed by III Additional Sessions Judge Kanpur Dehat in S.T. No. 15 of 1985 convicting and sentencing appellants-Desh Raj Singh and Girendra Singh to imprisonment for life under Section 302/34 I.P.C. and one month R.I. under Section 323/34 I.P.C. while appellant-Inder Singh to imprisonment for life under Section 302 I.P.C. and one month R.I. under Section 323/34 I.P.C.
3. Desh Raj Singh A1 died during the pendency of this appeal and this appeal qua Desh Raj Singh A1 was dismissed as abated by order dated 13.3.2018 passed by another co-ordinate Bench of this Court.
4. Briefly stated the facts of this case are that on 30.3.1983 at about 6 p.m., P.W. 1 Ram Prakash (informant), his brother Shyam Singh (deceased) and their mother, P.W. 3 Rama Devi were sitting on the Chabutra in front of their house by the side of the lane talking to each other. All the three appellants and Babu Ram who died during the investigation had gathered on the Chabutra in front of the house of Desh Raj Singh (deceased A1) which was in front of Chabutra of P.W. 1 Ram Prakash across the lane. Babu Ram (died during investigation) exhorted the other accused to kill Shyam Singh on which Inder Singh A3 fired a shot from his pistol at Shyam Singh which struck him in his abdomen. Girendra Singh A2 and Babu Ram (died during investigation) thereafter started hurling bricks at them and one of the brick hit P.W. 3 Rama Devi. The alarm raised by them attracted P.W. 2 Mani Ram, P.W. 5 Jawahar Lal and other residents of the locality to the place of incident. The accused thereafter ran inside the house of Desh Raj Singh (deceased A1).
5. The written report of the incident Ext. Ka1 which was scribed by Jagdish Narain, Pradhan of the village on the dictation of P.W. 1 Ram Prakash was given by him at police station Sikandara, district Kanpur Dehat on the same day at 20:45 hours where he had gone with his brother Shyam Singh and his mother, P.W. 3 Rama Devi, both of whom had received injuries. He then got admitted his brother, Shyam Singh and mother, P.W. 3 Rama Devi to U.H.M. Hospital, Kanpur for treatment.
6. On the basis of the written report Ext. Ka1, check report Ext. Ka3 was prepared on 30.3.1983 at 10:45 p.m. by P.W. 6 Head Constable Awadhesh Narain who immediately registered the case in the G.D. Ext. Ka4.
7. Since the incident had taken at a place which fell within the circle of P.S. Mangalpur hence the papers relating to the case were sent to P.S. Mangalpur on 31.3.1984 at 9:20 a.m. by a G.D. entry Ext. Ka5 through Constable Misri Lal. The F.I.R., check report, G.D. and the injury report pertaining to the case in hand were received at P.S. Mangalpur on 1.4.1984 at 12:35 p.m. from P.S. Sikandara. An entry in the G.D. was made regarding the receipt of aforesaid papers at P.S. Mangalpur by Constable Clerk Sri Sewa Ram Ext. Ka.19 in the presence of P.W. 9 Manzoor Ahmad Qazi, S.O. Mangalpur who immediately took up the investigation and went to the place of incident on a Government jeep alongwith Sub-Inspector C.B. Yadav and constables. He recorded the statement of P.W. 1 Ram Prakash (informant), P.W. 2 Mani Ram, P.W. 5 Jawahar Lal and other witnesses. Thereafter, he inspected the place of occurrence and prepared its site plan Ext. Ka15.
8. He found one empty cartridge on the spot and packed it in a sealed cover and prepared its recovery memo Ext. Ka16. He also found blood on the spot and took the sample of bloodstained and simple earth Exts. I and II, sealed it and prepared its recovery memo Ext. Ka17. He then reached the police station Sikandara and recorded the statement of Head Moharrir who had prepared the F.I.R.
