2020 Supreme(All) 15

IN THE HIGH COURT OF ALLAHABAD
DEVENDRA KUMAR UPADHYAYA, MOHD. FAIZ ALAM KHAN, JJ.
Ranjit - Appellant
Versus
State of U.P. - Respondent
Criminal Appeal No. 1517, 1606 of 2007
Decided On : 16-01-2020

Headnote:

Penal Code – Section 302 – Appellants against the judgment, stating therein that he is a resident of village Kashipur, Police Station Pasgawan and in the intervening night of 3/4.4.2005 his father Badri Yadav was sleeping in a ‘Baggar’ along with one Dal Chand Raidas. His two sons Pushpendra and Manoj were also sleeping in the same ‘Baggar’ at a short distance from Badri Yadav and he was sleeping on the roof of the house. It is further stated that his father, namely, Badri Yadav on 18-19 March had executed a sale deed in his favour pertaining to land admeasuring 7 Bighas and he was residing with him since long. His brothers (Appellant), Sarnam and Devi were angry with him on this score. It was further stated that litigation pertaining to the same land was also pending in between Dalchand and Ram Kali and appellant Ranjit was doing pairvi of that case on behalf of Ram Kali. His father also testified in favour of Dal Chand in that case and due to this reason appellant Ranjit was having enmity with his father. In the intervening night his brother Lallu @ Lala Ram, Ranjit and Gajram committed murder of his father Badri Yadav by assaulting him with 'Banka' and by firing from country made pistol. It was also stated that Dalchand also sustained fire-arm injuries in the incident and on hearing the sound of Gun shots he, his sons as well as Ram Autar had seen accused persons committing the crime and running away, in the light of torches. Ranjit was armed with 'Banka' and other accused persons were armed with 'country made pistols' –Held, Evil of acquitting a guilty person light-heartedly as a learned author Glanville Williams in 'Proof of Guilt' has sapiently observed, goes much beyond the simple fact that, just one guilty person has gone unpunished. If unmerited acquittals become general, they tend to lead to a cynical disregard of the law, and this in turn leads to a public demand for harsher legal presumptions against indicated 'persons' and more severe punishment of those who are found guilty. Thus too frequent acquittals of the guilty may lead to a ferocious penal law, eventually eroding the judicial protection of the guiltiness, a miscarriage of justice may arise from the acquittal of the guilty no less than from the conviction of innocent – Appeal dismissed.(Para 44)

Facts of the case:

Appellants against the judgment, stating therein that he is a resident of village Kashipur, Police Station Pasgawan and in the intervening night of 3/4.4.2005 his father Badri Yadav was sleeping in a ‘Baggar’ along with one Dal Chand Raidas. His two sons Pushpendra and Manoj were also sleeping in the same ‘Baggar’ at a short distance from Badri Yadav and he was sleeping on the roof of the house. It is further stated that his father, namely, Badri Yadav on 18-19 March had executed a sale deed in his favour pertaining to land admeasuring 7 Bighas and he was residing with him since long. His brothers (Appellant), Sarnam and Devi were angry with him on this score. It was further stated that litigation pertaining to the same land was also pending in between Dalchand and Ram Kali and appellant Ranjit was doing pairvi of that case on behalf of Ram Kali. His father also testified in favour of Dal Chand in that case and due to this reason appellant Ranjit was having enmity with his father. In the intervening night his brother Lallu @ Lala Ram, Ranjit and Gajram committed murder of his father Badri Yadav by assaulting him with 'Banka' and by firing from country made pistol. It was also stated that Dalchand also sustained fire-arm injuries in the incident and on hearing the sound of Gun shots he, his sons as well as Ram Autar had seen accused persons committing the crime and running away, in the light of torches. Ranjit was armed with 'Banka' and other accused persons were armed with 'country made pistols

Findings of the court:

Evil of acquitting a guilty person light-heartedly as a learned author Glanville Williams in 'Proof of Guilt' has sapiently observed, goes much beyond the simple fact that, just one guilty person has gone unpunished. If unmerited acquittals become general, they tend to lead to a cynical disregard of the law, and this in turn leads to a public demand for harsher legal presumptions against indicated 'persons' and more severe punishment of those who are found guilty. Thus too frequent acquittals of the guilty may lead to a ferocious penal law, eventually eroding the judicial protection of the guiltiness, a miscarriage of justice may arise from the acquittal of the guilty no less than from the conviction of innocent.

Result: Appeal dismissed