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2019 Supreme(All) 2215
IN THE HIGH COURT OF ALLAHABAD
Ram Krishna Gautam, J.
Shyam Lal And Others - Appellant
Vs.
State of U.P. - Respondent
Criminal Appeal No. 5738 of 2011
Delivered On :13-12-2019
For the Appellant : D.N. Joshi, Deepak Srivastava
For the Respondent: Govt. Adv., Shashi Kant Singh
The central legal point established in the judgment is the application of Section 149 I.P.C. to determine the collective liability of the members of an unlawful assembly for the offences committed in furtherance of the common object of the assembly.
Headnote:
Cr.P.C. - Criminal Appeal - Sections 147, 304/149, 323/149 I.P.C. - [Summary of Acts and Sections]
Fact of the Case:
The case involved a quarrel over the construction of a road, resulting in injuries and the death of an individual. The appellants appealed against the judgment of conviction and sentence, claiming that the trial court failed to appreciate the facts and evidence.
Finding of the Court:
The court found that the appellants were part of an unlawful assembly and were involved in a quarrel resulting in injuries. The court confirmed the conviction and sentence for the offences punishable under Sections 147, 323/149 I.P.C. against each of the convicts-appellants. However, the court allowed the appeal for the offence punishable under Section 304/149 I.P.C. for some of the convicts-appellants, setting aside their conviction and acquitting them.
Issues: The issues involved the assessment of the evidence, including witness testimonies, medical reports, and the nature of the quarrel, to determine the culpability of the appellants for the various offences.
Ratio Decidendi: The court applied the legal principle that for a conviction under Section 149 I.P.C., there must be an unlawful assembly, commission of an offence in prosecution of the common object of the assembly, and knowledge of the likely commission of the offence. The court also emphasized the need to establish the common object and the commission of the offence in pursuance of that object.
Final Decision: The court confirmed the conviction and sentence for the offences punishable under Sections 147, 323/149 I.P.C. against each of the convicts-appellants. The court allowed the appeal for the offence punishable under Section 304/149 I.P.C. for some of the convicts-appellants, setting aside their conviction and acquitting them.
JUDGMENT :
Ram Krishna Gautam, J.
1. This appeal under Section 374(2) of Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.') has been filed by Shyam Lal, Bijai alias Ram Sajivan, Kallu alias Ram Ujagir, Udal alias Udairaj, Awadhraj, Girdhari and Sudama Prasad against judgment of conviction and sentence made therein in Sessions Trial No. 108 of 2004, State Versus Shyam Lal and others, arising out of Case Crime No. 162 of 2004, under Sections 147, 304/149, 323/149 I.P.C., Police Station Durgaganj, District Sant Ravidas Nagar, Bhadohi, passed by court of Additional Sessions Judge, Court No. 3, Bhadohi-Gyanpur, wherein convicts-appellants have been sentenced with one year's simple imprisonment and fine of Rs.1,000/-and in case of default one month's additional simple imprisonment for offense punishable under Section 147 I.P.C., ten years' rigorous imprisonment with fine of Rs.5,000/-each and in default three months' additional simple imprisonment under Section 304/149 I.P.C., six months simple imprisonment and fine of Rs.500/-and in case of default one month's additional simple imprisonment for offence punishable under Section 323/149 I.P.C. with a direction for concurrent running of sentences.
2. Memo of appeal is with this ground that trial court failed to appreciate facts and evidence placed on record. First information report, lodged by complainant, was based on wrong facts. PW-1 Jitendra Kumar was not present on spot at the time of alleged occurrence, because he was neither injured nor his presence is beyond doubt. There was no public witness of alleged occurrence. Statement of prosecution witnesses were full of contradictions. Medical evidence was not in support of prosecution case. Hence, this appeal is with a prayer for setting aside impugned judgment of conviction and sentence dated 17.09.2011 with a further prayer for grant of acquittal against charges levelled against appellants.
3. From the very perusal of trial court record, it is apparent that Jitendra Kumar, S/o Ram Shiromani, R/o Village Gangarampur, P.S. Durgaganj, District Sant Ravidas Nagar, filed a written report (Ext.Ka-1) at Police Station Durgaganj on 12.07.2004 with this contention that on above date at about 9.30 A.M., there occurred quarrel in between Shyamlal, Kallu @ Ram Ujagir, Udal @ Udairaj, Bachai @ Ram Sajivan, Awadhraj, all sons of Bansi and Sudama Prasad and Girdhari, S/o Ramnath and informant's side regarding construction of chak road from the land of informant. Those named accused persons, being armed with lathi-danda, did assault by lathidanda and brick pelting, resulting injuries to ladies of informant's house as well as Madan Lal, Dharamraj, Shyam Bihari, Sri Nath and Ravindra Kumar. They were taken to Government Hospital, Gyanpur, from where they were taken to Kabir Chaura Hospital, Varanasi. Informant's aunt Photo Devi was also accompanying them, who came back and apprised that others were under treatment, whereas Ravindra Kumar died, while reaching Kabir Chaura Hospital. This occurrence was witnessed by many persons, hence request for taking legal recourse was made. On the basis of this written report (Ext.Ka-1), Chik F.I.R. (Ext.Ka-19) was got registered at 00.10 P.M. on 13.07.2004 as Case Crime No. 162 of 2004, under Sections 147, 149, 336, 323, 304 I.P.C., at Police Station Durgaganj. This registration of case crime number was entered in General Diary Entry at Report No. 20 of the day. The matter was investigated, wherein Spot Map (Ext.Ka-4) was got prepared, brick parts, lying thereat, on the place of occurrence, was taken in custody by way of preparing recovery memo (Ext.Ka-2), injured Smt. Kamla Devi, Smt. Shivrati Devi, Sumitra Devi, Shrinath and Chhabbi Devi were got medically examined at Primary Health Centre, Suriyawan and their Medico Legal Reports are Ext.Ka-11, Ext.Ka-6, Ext.Ka-8, Ext.Ka-9, Ext.Ka-12. Medico Legal Report of Photo Devi is Ext.Ka-10, of Balraji Devi is Ext.Ka-7 and of Madan Lal is Ext.Ka-5. Deceased R
