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IN THE HIGH COURT OF ALLAHABAD
NAHEED ARA MOONIS, ANIL KUMAR-IX, JJ.
Kaptan Singh – Appellant
Versus
State Of U.P. – Respondent
Criminal Appeal No.4639, 4404 of 2009
Decided on : 07-02-2020
Penal Code, 1860 – Section 302, Section 148 – Dacoity and Murder – Appeal against conviction –Conduct on the part of the accused persons that they had disappeared from the scene of occurrence to some unknown place for considerable period – Held, Act of absconding is relevant factor to be considered along with other evidence. Such circumstance may also leads to a proof of a guilty mind attempting to evade justice which is inconsistent with their innocence – Conspectus, unusual sympathy to the accused persons merely because of long lapse of time would do more harm than justice from the point of view of the victim and the society at large as delay defeats justice – Findings of conviction recorded by the learned trial court are well substantiated and the accused persons well appropriately sentenced – Conviction justified – Appeal dismissed. (Paras 134 and 135)
Facts of the Case
Two persons were killed by dacoits – Appellants armed with gun and Nawab Singh was having Katta. When they came over the platform his father seeing them tried to run inside baithak. At the same time, Atar Singh (since deceased), Mansha Ram and Kaptan Singh fired upon his father which hit him. His father received shots. brother of Kaptan Singh were named in the FIR by Sohan Lal. Atar Singh and Kaptan Singh were under the impression that the complainant's father has implicated them in the case of dacoity.
Finding of the Court
Act of absconding is relevant factor to be considered along with other evidence. Such circumstance may also leads to a proof of a guilty mind attempting to evade justice which is inconsistent with their innocence – Conspectus, unusual sympathy to the accused persons merely because of long lapse of time would do more harm than justice from the point of view of the victim and the society at large as delay defeats justice – Findings of conviction recorded by the learned trial court are well substantiated and the accused persons well appropriately sentenced – Conviction justified.
Result: Appeal dismissed.
JUDGMENT :
Naheed Ara Moonis, J.
1. The appellants Kaptan Singh and Deshraj have preferred the present appeals bearing Criminal Appeal Nos.4639 of 2009 & 4404 of 2009 respectively against their conviction in Sessions Trial No.129 of 1995. All the above named accused appellants were convicted by the judgment and order dated 22.7.2009 passed by the learned Additional Sessions Judge, Court No.2, Farrukhabad and each were directed to undergo rigorous imprisonment for life and also to pay fine of Rs.15,000/-under Section 302 IPC and three years rigorous imprisonment for the offence punishable under Section 148 IPC. Both the sentences were directed to run concurrently and in case of default of payment of fine they were further directed to undergo simple imprisonment of six months.
2. The prosecution was launched against seven accused persons, namely, Atar Singh, Sughar Singh, Nawab Singh (sons of Pyare Lal), Phulwari S/o Vijay, Mansha Ram S/o Shankar, Kaptan Singh and Deshraj (sons of Babu Ram) in pursuance of the FIR lodged against them by Bahaar Singh registered as Case Crime No.158 of 1985, under Sections 147, 148, 149, 302 IPC at police station Kayamganj, District Farrukhabad on 18.5.1985 at 6.50 P.M.
3. The Sessions Trial No.327 of 1989 pertains to the trial of accused persons, namely, Atar Singh, Sughar Singh, Nawab Singh, Mansha Ram and Phulwari. The aforesaid trial of accused Sughar Singh was separated at the fag end on his plea of juvenility who was acquitted by the court below.
4. The aforesaid accused persons, namely, Atar Singh, Mansha Ram and Phulwari as well as Nawab Singh have preferred separate appeals bearing Criminal Appeal No.4576 of 2009 & Criminal Appeal No.4664 of 2009 against their conviction in Sessions Trial No.327 of 1989.
5. The prosecution case in short conspectus is that the First Information Report was lodged on 18.5.1985 at 6.50 P.M. by Bahaar Singh S/o Ram Sahay in respect of an incident occurred on the same day at 4.30 P.M. which was registered as Case Crime No.158 of 1985, under Sections 147, 148, 149, 302, 201 IPC at police Kayamganj, District Farrukhabad. He divulged in the FIR that his father Ram Sahay was Pradhan of his village Lakhanpur for about 35 years. In the last election, Chandrakali, the wife of Kaptan Singh @ Kamta Prasad S/o Babu Ram Yadav had contested election against his father. His father had lost the election for which a petition was filed which is pending. About two & half years ago a dacoity had been committed in the house of Saudan Singh, who had named Atar Singh S/o Pyarey Lal and Mansha Ram and two others of which the case is pending. Besides this, two years ago a case under Section 396 IPC was filed by Sohan Lal Nuner of village Lakhanpur in which two persons were killed by dacoits. In the said case, Mansha Ram, Atar Singh and Deshraj, the brother of Kaptan Singh were named in the FIR by Sohan Lal. Atar Singh and Kaptan Singh were under the impression that the complainant's father has implicated them in the case of dacoity. About two years ago, Kaptan Singh, Mansha Ram and Atar Singh had fired upon his father and his brother Tahar Singh with intent to kill them but luckily they had escaped from there. In this case all the three accused persons were challaned by the police. On account of the above reasons, Kaptan Singh and Atar Singh were bearing enmity with his father. Two and half months ago family member of Kaptan Singh was murdered in the village in which Kali Charan S/o Ram Naresh Yadav had filed a false report against Vijayee and Mansha Ram along with Tahar Singh who is the brother of the complainant at the instance of Kaptan Singh and on account of which, his brother is in jail. After 2-4 days, the dead body of Nahar Singh, the elder brother of Atar Singh was found in a well in which Atar Singh had implicated the complainant, his father, Nanhey, Rajendra, Tejram etc. of his village in the case, on the basis of mere suspicion that they had committed murder of Nahar Singh. A c
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