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IN THE HIGH COURT OF ALLAHABAD
NAHEED ARA MOONIS, ANIL KUMAR-IX, JJ.
Atar Singh And Others – Appellant
Versus
State Of U.P. – Respondent
Criminal Appeal No.4576, 4664 of 2009
Decided on : 07-02-2020
Penal Code, 1860 – Section 148, Section 302 – 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
First Information Report was lodged by Bahaar Singh S/o Ram Sahay in respect of an incident occurred on the same day which was registered as Case Crime under Sections 147, 148, 149, 302, 201 IPC at police.
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 abovementioned two appeals have been filed on behalf of the appellants, namely, Atar Singh, Mansha Ram, Phulwari and Nawab Singh against the judgment and order dated 22.7.2009 passed by the learned Additional Sessions Judge, Court No.2, Farrukhabad in Sessions Trial No.327 of 1989 (State of U.P. Vs. Atar Singh & others) arising out of case crime no.158 of 1985 whereby they have been convicted and sentenced 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 directed to further 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 registered by Bahaar Singh 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 appellants, namely, Atar Singh, Sughar Singh, Nawab Singh, Mansha Ram and Phulwari. The trial of accused Sughar Singh was separated at the fag end, on his plea of juvenility, who was acquitted by the court below. Kaptan Singh and Deshraj are the accused persons of Sessions Trial No.129 of 1995.
4. Appellants, namely, Atar Singh, Mansha Ram and Phulwari have preferred appeal bearing Criminal Appeal No.4576 of 2009, Nawab Singh has preferred appeal bearing Criminal Appeal No.4664 of 2009 against their conviction in Sessions Trial No.327 of 1989. The appellant Kaptan Singh and Deshraj have preferred separate appeal bearing Criminal Appeal Nos.4639 of 2009 & 4404 of 2009 respectively against their conviction in Sessions Trial No.129 of 1995. As stated in opening paragraphs all the accused persons 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.
5. It is pertinent to mention here that due to passing away of appellant Atar Singh on 19.9.2018, the appeal on his behalf has stood abated by order dated 3.12.2018.
6. 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 Nunre 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 imp
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