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IN THE HIGH COURT OF ALLAHABAD
RAMESH SINHA, RAJ BEER SINGH, JJ.
Boby @ Sushil – Appellant
Versus
State of Uttar Pradesh – Respondent
Criminal Appeal No. 2756 of 2011
Decided On : 29-09-2020
Arms Act – Sections 25, 4 – Indian Penal Code, 1860 – Section 302 – Order of Conviction – Criminal appeal has been preferred against judgment and order passed by Additional Sessions Judge, Court No. 13, Saharanpur in S.T. under Section 302 IPC, P.S. Kotwali Dehat, District Saharanpur and S.T. under Section 25/4 Arms Act, P.S. Kotwali Dehat, District Saharanpur, whereby the accused-appellant Boby @ Sushil has been convicted under Section 302 Indian Penal Code and under Section 25/4 Arms Act. – He was sentenced to imprisonment for life along with fine of Rs. 20,000/- under section 302 IPC and rigorous imprisonment of one year along with fine of Rs. 5000/- under Section 25/4 Arms Act. – In default of payment of said fine of Rs. 20,000, he has to undergo one year additional imprisonment and in default of payment of said fine of Rs. 5000/- he has to undergo three months additional imprisonment. –
Finding of the Court:
It clearly emerges that all the incriminating circumstances have been cogently and firmly established and these circumstances are of definite tendency unerringly pointing towards guilt of the accused-appellant. – When these circumstances taken cumulatively, form a chain so complete that there is no escape from the conclusion that within all human probability, the murder of deceased Luxman was committed by the accused-appellant Boby @ Sushil and none else. – The circumstantial evidence is incapable of explanation of any other hypothesis than that of the guilt of the accused-appellant and it inconsistent with his innocence. In view of evidence on record we reach to the conclusion that conviction of accused-appellant is based on evidence and there are no tangible reasons to interfere with same. – The sentence awarded to accused-appellant is also appropriate. – Thus, the appeal has no merit. –
Result: Appeal Dismissed
JUDGMENT :
RAJ BEER SINGH, J.
1. This criminal appeal has been preferred against judgment and order dated 08.04.2011 and 11.04.2011 passed by Additional Sessions Judge, Court No. 13, Saharanpur in S.T. No. 705 of 2005 (State vs. Boby @ Sushil), Crime No. 85/435/2005, under Section 302 IPC, P.S. Kotwali Dehat, District Saharanpur and S.T. No. 706 of 2005 (State vs. Boby @ Sushil), Case Crime No. 86/436/2005, under Section 25/4 Arms Act, P.S. Kotwali Dehat, District Saharanpur, whereby the accused-appellant Boby @ Sushil has been convicted under Section 302 Indian Penal Code (hereinafter referred to as IPC) and under Section 25/4 Arms Act. He was sentenced to imprisonment for life along with fine of Rs. 20,000/- under section 302 IPC and rigorous imprisonment of one year along with fine of Rs. 5000/- under Section 25/4 Arms Act. In default of payment of said fine of Rs. 20,000, he has to undergo one year additional imprisonment and in default of payment of said fine of Rs. 5000/- he has to undergo three months additional imprisonment. Both the substantial sentences were to run concurrently.
2. Accused-appellant Boby @ Sushil is brother of deceased Luxman Singh. Prosecution version is that on 04.09.2015 at around 11:50 PM, accused-appellant Boby @ Sushil committed murder of his brother Luxman Singh by inflicting knife blows at his neck. Soon after the incident, he was apprehended by PW-1 constable Naresh Kumar and PW4 constable Naveen Kumar at a distance of about 30-35 steps from the spot. According to PW-1 constable Naresh Kumar and PW-4 Naveen Kumar, on 04.09.2005 at around 11:20 PM while they were present on picket duty at Rakhha colony culvert, they heard some noise from other side of ‘rajwaha’ (sub canal) and when they went there, they saw that accused-appellant Boby @ Shushil was coming there and he was having a knife. These police officials stopped him and meanwhile two persons, namely, Subhash and Ramesh of same locality also came there. Accused Boby @ Sushil told that his brother Luxman was fighting with him since evening and due to this reason he has committed his murder by cutting his neck and that his dead body is lying in courtyard of his house. Thus, the said police officials took him to his house where dead body of deceased was lying in courtyard of house. Accused-appellant along with knife was taken to police station by PW-1 constable Naresh Kumar. The said knife was taken into possession vide recovery memo Exhibit Ka-2/3/5.
3. On oral statement of PW-1 constable Naresh Kumar, case was registered against accused-appellant Boby @ Sushil under Section 302 IPC and Section 25/4 Arms Act on 05.09.2005 at 2:00 AM vide FIR Exhibit Ka-1.
4. Inquest Proceedings were conducted by S.I. Prem Shanker Dwivedi vide inquest report Exhibit Ka-12. The dead body of deceased was sealed and sent for postmortem.
5. Postmortem on the dead body of deceased was conducted on 05.09.2005 by PW-6 Dr. Ved Prakash vide postmortem report Exhibit Ka-7. Deceased Luxman Singh has sustained following injuries on his person:
(i) Incised wound 14 cm x 2.5 cm x cervical spine deep on the front, neck front aspect and lateral aspects trachea and oesophagus found cut both side of neck vessels are cut along with muscles and nerves and other tissues wound. Extend deep from 3 cm below the right angle of jaw to 3 cm below the left angle of jaw under the upper part of neck below the base of chin. Abrasion 2 cm x 2 cm distance upper part of nose underlying nosal bone fractured.
As per Autopsy Surgeon, cause of death of the deceased was shock and hemorrhage as a result of injury over neck.
6. Investigation of the case was conducted by PW-8 Inspector Vijay Kumar Yadav. He inspected the spot and prepared site plan Exhibit Ka-8. During course of investigation, blood stained knife recovered from appellant, was sent to FSL and after its examination, FSL report Exhibit Ka-11 was collected. One pair of slipper of deceased, found at the spot, and two drawing string (nada) were t
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