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2020 Supreme(All) 310
IN THE HIGH COURT OF ALLAHABAD
Sunita Agarwal, Pradeep Kumar Srivastava, JJ.
Ashok Misra and Ors. – Appellants
Versus
State of U.P. – Respondent
Criminal Appeal No. 1466 & 1498 of 2000
Decided On : 19-02-2020
For the Appellant : R.K. Gupta, Arunesh Khare, Gautam Baghel, Lav Srivastava, Mani Shanker Mishra, Rajrshi Gupta, Shiv Badan Singh, Shiv Badan Singh Counsel
Point of Law
When the prosecution is not able to prove its case beyond reasonable doubt it cannot take advantage of the fact that the accused have not been able to probabilise their defence.
Headnote:
Indian Penal Code, 1860 – Sections 146, 148, 149, 302 –First information report regarding four murders committed in field was registered, on a written report filed by against 15 persons – After completion of the investigation, the police had submitted the charge sheet – The Sessions trial had commenced against 15 accused (three of them had died during the course of trial), 12 accused persons have been convicted and sentenced for life imprisonment and other punishments as well – Held, It is proved by prosecution that all accused persons in a pre-mediated manner formed an unlawful assembly in prosecution of the common object of such assembly and being armed with deadly weapons caused death of four persons by inflicting fatal injuries in a manner that the deceased could not escape the attack – All the appellants/accused persons are, thus, found guilty of the offences under Section 302 read with Sections 149 I.P.C. as also for the offences under Section 147 and 148 IPC – Their conviction under the aforesaid provisions is found justified – The sentences awarded to the accused/appellants for the offences for which they are found guilty are minimum. No infirmity is, therefore, found in the decision of the trial court – The conviction and sentence awarded to each of the accused/appellant is hereby upheld –Appeals dismissed (Paras 72, 73, 77).
Facts of Case
First information report regarding four murders committed in field was registered, on a written report filed by against 15 persons – After completion of the investigation, the police had submitted the charge sheet – The Sessions trial had commenced against 15 accused (three of them had died during the course of trial), 12 accused persons have been convicted and sentenced for life imprisonment and other punishments as well.
Findings of Court
It is proved by prosecution that all accused persons in a pre-mediated manner formed an unlawful assembly in prosecution of the common object of such assembly and being armed with deadly weapons caused death of four persons by inflicting fatal injuries in a manner that the deceased could not escape the attack – All the appellants/accused persons are, thus, found guilty of the offences under Section 302 read with Sections 149 I.P.C. as also for the offences under Section 147 and 148 IPC – Their conviction under the aforesaid provisions is found justified – The sentences awarded to the accused/appellants for the offences for which they are found guilty are minimum. No infirmity is, therefore, found in the decision of the trial court – The conviction and sentence awarded to each of the accused/appellant is hereby upheld.
Result: Appeals dismissed
JUDGMENT :
1. Heard Shri Dilip Kumar and Shri V.P. Srivastava, learned Senior Advocates assisted by Shri Ram Kishore Gupta, Mukhtesh Singh, Rajan Srivastava, Advocates and Shri M.P.Yadav, learned Advocate holding brief of Shri Shiv Badan Singh; Shri Arunesh Khare and Shri Gautam Baghel, learned Advocates for appellant no. 10. Shri. L.D.Rajbhar; Shri. Sunil Kumar Tripathi, learned A.G.As have been heard for the State.
2. Two connected criminal appeal No.1498 of 2000 and 1466 of 2000 have been filed against the judgment and order dated 20.06.2000 passed by the Special Judge (E.C. Act)/Additional Sessions Judge, Hamirpur in Session Trial No.44 of 1991 and 44-A of 1991 under Section 146/148/149/302 IPC registered as Case Crime No.20-A of 1990, Police Station-Sumerpur, District Hamirpur. By the impugned judgment, the appellants-herein (12 in number) have been convicted for offence under Section 302 read with Section 149 IPC and sentenced for life imprisonment. In addition to the same, they have been convicted of the offences under Section 147 and 148 IPC and sentenced for six months imprisonment for each offence, separately. All the punishments are to run concurrently.
3. At the outset, it is informed by the learned Advocates for the appellants that the accused appellants Shiv Baran Singh son of Ranjeet Singh, Chunubad Singh son of Pran Singh and Ram Gulam son of Ranjeet Singh had died during pendency of the appeal and the appeal has been abated for them after ascertaining the factum of their death by order dated 13.09.2019.
4. The prosecution story unfolded as under:-
5. The first information report regarding four murders committed in the field near Village Mohar, Police Station Sumerpur, District Hamirpur on 11.01.1990 at about 03.30 PM, was registered at 17.30 hours (5.30 PM) on 11.01.1990 itself, on a written report filed by the Raja Bhaiya Singh son of Phool Singh resident of Village Surauli Buzurg, Police Station Sumerpur, District Hamirpur, under Section 147, 148, 149 and 302 IPC against 15 persons. After completion of the investigation, the police had submitted the charge sheet.
6. The accused persons were committed to the Sessions court on 18.01.1991. They were charge sheeted on 15.05.1992. They denied all the charges against them being false and demanded trial. The Sessions trial had commenced against 15 accused (three of them had died during the course of trial), 12 accused persons have been convicted and sentenced for life imprisonment and other punishments as well.
7. As per the first information report (written report), on 10.01.1990 first informant Raja Bhaiya Singh son of Phool Singh resident of Village Surauli Buzurg, Police Station Sumerpur, District Hamirpur had gone to Village Kiswahi alongwith Arjun Singh son of Gulab Singh, Chatrapal Singh son of Bheesam Singh both residents of Village Surauli Buzurg and Mahesh Chandra Shukla son of Shiv Narayan resident of Mundaura, Awdhesh Kumar @ Raja Nigam son of Shiv Prasad resident of Sumerpur, District Hamirpur and Sahab Singh son of Dalgajan Singh, resident of Village Swasa Haal Mukaam Kalauki Jaar. The purpose to go to Village Kishwahi was to fix marriage of Bhopat Singh son of Chatrapal Singh with the daughter of Chhiddu Singh son of Jaggu Singh resident of Village Kishwahi. It is stated in the said report that the above named persons reached the house of Chhiddu Singh son of Jaggu Singh at Village Kiswahi on 10.01.1990 and had a talk regarding settlement of marriage. In the night of 10.01.1990, they stayed in Village Kiswahi, witnessed Ramleela in the night and remained there till the afternoon on 11.01.1990.
8. At around late afternoon on 11.01.1990, they were returning to the Village Sumerpur through Village Mohar and Chhiddu Singh came to See off them till the boundaries of Village Mohar. Soon after they left Village Mohar, Chhiddu Singh requested them to relax and have 'Supari' and then go. They sat near the road to chew 'Supari' keeping their weapons on the ground. At
