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2019 Supreme(All) 2577
IN THE HIGH COURT OF ALLAHABAD
Ram Surat Ram (Maurya), Umesh Kumar, JJ.
Ram Bhawan – Appellant
Versus
State of U.P. – Respondent
Criminal Appeal No. 886 of 2015
Decided On : 19-09-2019
Advocate Appeared:
For the Appellant : Lav Srivastava, Ram Chandra Yadav, Niwas Yadav, V.P. Srivastava and Kamal Krishna
Headnote:
Indian Penal Code, 1860 – Sections 302, 34 – Explosive Substance Act, 1908 – Section 5 – Arms Act, 1959 – Section 25 – Criminal Procedure Code – Section 313 – Conviction – Evidence – Basis of the entire material available on the record, it will not be safe for the Court to uphold conviction of the accused appellants and they are entitled for benefit of doubt.
Facts of the case:
Ram Bhawan has filed Criminal Appeal and Shankar alias Ramashankar and Hari Kishun have filed Criminal Appeal from the judgment of Session's Judge, Mau convicting and sentencing the appellants Ram Bhawan Yadav, Shankar alias Ramashankar and Hari Kishun Yadav, for imprisonment for life and fine of Rs. 20,000/- each, Hari Kishun Yadav, for three years rigorous imprisonment and fine of Rs. 2000/- and Hari Kishun Yadav, for five years rigorous imprisonment and fine of Rs. 3000/- with default stipulation.
Finding of the court: –
deceased was a man of criminal nature and he might have several enemies – Several criminal cases were registered against him at the police station Ghosi – Possibility of his killing by some others cannot be ruled out – Manager Yadav (P.W. 3) has admitted that he and his family member were accused in the murder case of Shri. Kishun, brother of Hari Kishun as such he was highly inimical to the accused – Taking cumulative effect of the evidence, court is of the view that on the basis of the entire material available on the record, it will not be safe for the Court to uphold conviction of the accused appellants and they are entitled for benefit of doubt Office is directed to remit the original record to the court below and send a copy of the judgment for its compliance.
Result: Appeals Allowed.
JUDGMENT :
Ram Surat Ram (Maurya), J.
1. Heard Sri Kamal Krishna, Senior Advocate, assisted by Sri Pradeep Kumar Rai and Sri Shri. Niwas Yadav, for the appellants and Sri Rajesh Kumar Mishra, Brief Holder, for State of U.P., in both the appeals.
2. Ram Bhawan has filed Criminal Appeal No. 886 of 2015 and Shankar alias Ramashankar and Hari Kishun have filed Criminal Appeal No. 887 of 2015 from the judgment of Session's Judge, Mau, dated 18.02. 2015, passed in S.T. No. 63 of 2001, State v. Shankar and others, (arising out of Case Crime No. 537 of 2000, under Section 302/34 of Indian Penal Code, 1860 (hereinafter referred to as the IPC)), S.T. No. 61 of 2001, State v. Hari Kishun, (arising out of Case Crime No. 580 of 2000, under Section 5 of Explosive Substance Act, 1908) and S.T. No. 64 of 2001, State v. Hari Kishun, (arising out of Case Crime No. 579 of 2000, under Section 25 of Arms Act, 1959), P.S. Ghosi, district Mau, convicting and sentencing the appellants Ram Bhawan Yadav, Shankar alias Ramashankar and Hari Kishun Yadav, for imprisonment for life and fine of Rs. 20,000/- each, under Section 302/34, IPC, Hari Kishun Yadav, for three years rigorous imprisonment and fine of Rs. 2000/- under Section 25/27 of Arms Act, 1959 and Hari Kishun Yadav, for five years rigorous imprisonment and fine of Rs. 3000/- under Section 5 of Explosive Substance Act, 1908, with default stipulation.
3. On the written complaint (Ex-Ka-1) of Ram Yadee (P.W. 1), FIR (Ex-Ka-14) of Case Crime No. 537 of 2000 was lodged under Section 307 IPC, on 09.11.2000 at 5:00 hours, at P.S. Ghosi, district Mau, against Shankar alias Rama Shankar, Ram Bhawan and Hari Kishun by Constable Moharrir Heeraman Ram (P.W. 7). It has been stated in the FIR that Ram Yadee Kurmi son of Ram Jas was resident of village Bhairopur, PS Ghosi. In evening of last night, he along with his younger cousin Ram Bhawan son of Khakheru Kurmi and nephew Bhikham son of Ram Bhawan, slept at the house of Manager son of Shiv Muni Yadav, resident of village Saddopur, PS Madhuvan, after eating the meal, as it has become late night. On the date of incident, in early morning at about 3:30 a.m., after awaking, all the three persons were returning to their house, taking torch and danda in their hand. While going on the brick-paved road of village Kalyanpur, Ram Bhawan was proceeding ahead and he and his nephew were following him, in the light of torch. Shankar son of Lal Bihari, resident of his village, along with Ram Bhawan son of Dasrath Yadav resident of village Jameen Suvah (Chamariyaon), PS Ghosi and Hari Kishun son of Murli Yadav, resident of village Saddopur, PS Madhuvan were standing on brick-paved road ahead to them. While challenging, Shankar exhorted that here is Ram Bhawan, Pradhan, kill him, by hurling bomb and gunshot. On which Hari Kishun, Ram Bhawan and Shankar, who were armed with bomb and pistol, inflicted indiscriminate firing and assaulted with bomb to his cousin Ram Bhawan at about 4:00 a.m., injured him and started fleeing away. All the three accused were seen and fully identified by their names and faces by the informant, his nephew Bhikham and Manager Yadav son of Shiv Muni, who had come to ease in the field towards that place as well as many other persons, who had come there, hearing the sound of bomb. The incident was caused due to enmity of the last election for Pradhan of the village. He and his nephew came near Ram Bhawan, who has fallen down by the side of brick-paved road and after seeing him, his nephew brought his jeep from his house, hurriedly and with the help of others boarded him in jeep and they have come for giving written application to lodge FIR of the incident. His brother has received grievous bullet and bomb injuries. After lodging report, necessary action be taken.
4. After lodging of FIR, In-charge Inspector Nand Lal Yadav (P.W. 6), started investigation in the matter. He sent the injured Ram Bhawan to PHC Ghosi, for his medical examination, along with a Cons
