Back
IN THE HIGH COURT OF ALLAHABAD
RAMESH SINHA, DINESH KUMAR SINGH-I, JJ.
Shiv Kumar – Appellant
Versus
State of U.P. – Respondent
Criminal Appeal No. 821 of 1985
Decided On : 30-05-2019
Indian Penal Code,1860 – Sections 148, 302, 404 – Criminal Procedure Code,1973 – Section 437-A – Offence of Murder – Appeal - Conviction - There is no absolute rule that an extra-judicial confession can never be the basis of conviction, although ordinarily an extrajudicial confession should be corroborated by some other material
Facts of the case : This criminal appeal has been preferred against the judgment and order passed by IInd Additional Session Judge, Hamirpur in Session Trial (State vs. Shiv Kumar and Others) whereby accused appellant No. 4 Mool Chand, accused-appellant No. 2 Har Narain, accused-appellant No. 3 Veer Narain have been convicted and sentenced with two years R.I. and with life imprisonment and under Section 404 IPC with two years R.I – Further directed that all the sentences shall run concurrently – Accused-appellant No. 1 Shiv Kumar has been convicted and has been sentenced with life imprisonment.
Finding of the court: – Court come to the conclusion that the trial Court has not appreciated the evidence in proper manner and has wrongly held the accused-appellant guilty despite there being no sufficient evidence on record – They are acquitted of charges levelled against themAccused namely Shiv Kumar, Har Narain, Veer Narain, Mool Chandra are on bail – Their personal bonds and sureties bonds stand discharged – They need not surrender – However, the trial Court shall take bail bonds from these accused – Let a copy of this judgment be transmitted to the trial Court along with lower Court record with a direction that bail bond in terms shall be taken by the trial Court from all the accused
Result: – Appeal Allowed.
JUDGMENT :
DINESH KUMAR SINGH-I, J.
1. Heard Sri. Dileep Kumar, learned counsel of the appellant alongwith Sri. Sanjay Tripathi, Advocate and Sri. J.P. Tripathi, learned A.G.A. appearing for the State.
2. This criminal appeal has been preferred against the judgment and order dated 23.3.1985 passed by IInd Additional Session Judge, Hamirpur in Session Trial No. 90 of 1981 (State vs. Shiv Kumar and Others) whereby accused appellant No. 4 Mool Chand, accused-appellant No. 2 Har Narain, accused-appellant No. 3 Veer Narain have been convicted and sentenced under Section 148 IPC with two years R.I. and under Section 302 read with Section 149 IPC with life imprisonment and under Section 404 IPC with two years R.I. Further directed that all the sentences shall run concurrently. Accused-appellant No. 1 Shiv Kumar has been convicted under Section 302 read with 120-B IPC and has been sentenced with life imprisonment.
3. In brief, the prosecution case as disclosed in the FIR is that the cousin brother of the informant Shiv Kumar son of Prahlad Brahman, resident of village Banki, Ayodhya son of Gopal Tiwari was sitting at the door of his house and was warming himself in front of ‘Kaura’ (kind of bone-fire) on 2.12.1980 and with him were sitting Parshu Ram Teli, Prem Narayan Brahman, Surendra Brahman, Shiv Nath @ Chunuvad Nai (Barber) and Mahesh son of Rm Swarup Brahman at about 8.30 p.m. right then about six miscreants, out of whom one was armed with rifle, one was armed with country made pistol and three were armed with guns and one was armed with Lathi, came there and killed Ayodhya Prasad by shooting at him and thereafter opened the main door of his house and entered into it and after making fires from their respective weapons, also killed Ayodhya’s wife namely Smt. Girja and looted away Rs. 2,000/- some jewellery and licensed Gun No. 5622 alongwith 20 cartridges. There is a Bakhri belonging to the informant Shiv Kumar and Ayodhya Prasad. Thus, the persons who were sitting with Ayodhya and were warning themselves, were also beaten by lathis. Informant after running away from there, started screaming, hearing which Lallu Singh with licensed gun, Lakkhu Singh Thakur, Divya Teli, Chhota Ahir and Chandra Bhushan Brahman and many other persons of the same village came there and Lallu Singh made fire upon the miscreants by his licensed gun. The informant and all the persons of his house and those who were warming themselves in front of ‘Kaura’ and many other villagers had seen the accused in the light of electricity when the accused were indulging in loot and he can identify the assailants, if they come before him and also he would be able to identify his looted articles. The miscreants were speaking local language and all of them were young and hefty, details of their clothes have also been mentioned in the written report and it is further mentioned that they continued to indulge in looting activity for half an hour. The dead body of Ayodhya was lying outside his house and that of his wife was inside the house and that he come to lodge report so that police may take action. The said report was got scribed by Bhagwan Din Gupta.
4. On the said written report being given at the police station Sumepur on 2.12.1980 at 23.20 hours (11.20 p.m.) a case crime No. 315 of 1980 was registered under Section 396 IPC against the six unknown miscreants by Head Constable Rajendra Veer Singh (PW-6) who prepared chik FIR on the basis of the said written report which is Exhibit Ka-1 and entry of this case was made by him in G.D. at Report No. 31, at 23.20 hours, which is Exhibit Ka-2 on 12.12.1980 at 7.30 a.m. The accused Mool Chand @ Teli was despatched to District Jail Baparda with the assistance of Constable Dev Shankar and Ram Shankar and made its entry in G.D. at report No. 9 which is Exhibit Ka-3.
5. The investigation of this case was handed over to S.I. Ha
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
