Back
IN THE HIGH COURT OF ALLAHABAD
RAMESH SINHA, RAJEEV SINGH, JJ.
Badey Lal - Appellants
Versus
State of U.P. - Respondent
Criminal Appeal No.1982 of 2009
Decided on : 21-05-2021
Code of Criminal Procedure, 1973 - Section 437-A - Indian Penal Code, 1860 - Sections 302/34, 307/34, 426, 504 and 506 - Arms Act - Sections 3, 25 - Murder - Weapon/Country made pistol - On seeing that goats of appellant who is pattidar of informant- were grazing and damaging crop of Lentil and Pea sowed in field of informant, then, wife of informant, was trying to oust goats from field - Wife of appellant, who was also present there, started altercation and on listening hue and cry, informant father of informant and elder brother of informant reached on spot and at same time, appellants came there with lathi, danda and illegal firearm and by using abusive language to informant, his father wife and his elder brother on spot also - On seeing this, informant, his father wife and his elder brother fled due to fear, upon which, appellants chased them and with intention to kill elder brother of informant, who was handicapped by leg, appellant fired upon him with a countrymade pistol at west of field of chakroad, to which elder brother of informant, died on spot - Appellants besieged informant, his wife and his father also near chak road and, thereafter, seriously injured them by beating them from Lathi, danda and butt of illegal firearm -Appellants fled away from spot by threatening informant to kill his family members - Due to non-availability of conveyance, informant left deadbody of deceased under supervision of other family members on spot and carried injured persons to police station - Four persons, were tried by Additional Sessions Judge, for offences punishable under Sections 302/34, 307/34, 426, 504 and 506 of Indian Penal Code - In addition, appellant-Kailash was also tried in aforesaid sessions trial for offence punishable under Section 3/25 of Arms Act by Additional Sessions Judge - Vide judgment and order Sessions Judge acquitted appellants, Kailash, Badey Lal, Munna Lal and Sipahi alias Nanh, for offences punishable under Sections 307/34, 504, 506 and 426 of Indian Penal Code but convicted and sentenced under Section 302/34 , 323.
Finding of the Court:
It is true that appellant Kailash, who was also tried by trial Court for offence under Section 25 of Arms Act but trial Court found that evidence of recovery of countrymade pistol on pointing out of said appellant cannot be reliable as no independent witnesses have supported the recovery of countrymade pistol. - Moreso, no site-plan for recovery of said countrymade pistol and catridges has been made by Investigating Officer, but that alone cannot be a ground to acquit appellant Kailash from charges levelled against him because of latches on part of investigating agency as incident had taken place in a broad day light and injured witnesses supported prosecution case against appellant Kailash, which is fully corroborated by medical evidence. - Prosecution has proved his case beyond reasonable doubt against appellant Kailash and his conviction and sentence for murder of deceased is fully jusified.- Conviction and sentence of appellant Kailash for murder of deceased Khushi Ram does not call for any interference by this Court as court is of opinion that the appellant Kailash has murdered deceased with a deadly weapon i.e. countrymade pistol, which was his individual act and he is responsible for the same, hence, he is convicted for the offence under Section 302 I.P.C. as ''simpliciter', therefore, his conviction under Section 302/34 I.P.C. by trial Court is modified to Section 302 I.P.C. and sentence to life imprisonment, accordingly. - conviction and sentence of the appellant Kailash for the offence under Section 323/34 I.P.C. by the trial Court is also hereby confirmed - Appellant Kailash is in jail and he shall serve out the sentence as ordered by trial Court - Appeal dismissed - Conviction and sentence of appellant Badey Lal, Munna Lal and Sipahi alias Nanh by the trial Court for offence punishable under Section 302/34 I.P.C. is hereby set-aside - They are acquitted for charges under Section 302/34 I.P.C. - Their conviction and sentence under Section 323/34 I.P.C. by trial Court is hereby confirmed - Their sentences are reduced to already undergone.
Result: Appeal Partly Allowed
JUDGMENT :
(Per Ramesh Sinha, J. for the Bench)
(1) The four persons, namely, Kailash, Badey Lal, Munna Lal and Sipahi alias Nanh were tried by the Additional Sessions Judge, Court No. 5, Barabanki in Sessions Trial No. 256 of 2007 : State Vs. Bade Lal and others for offences punishable under Sections 302/34, 307/34, 426, 504 and 506 of the Indian Penal Code. In addition, appellant-Kailash was also tried in the aforesaid sessions trial for the offence punishable under Section 3/25 of the Arms Act by the Additional Sessions Judge, Court No.5, Barabanki. Vide judgment and order dated 30.07.2009, the learned Sessions Judge acquitted appellants, Kailash, Badey Lal, Munna Lal and Sipahi alias Nanh, for offences punishable under Sections 307/34, 504, 506 and 426 of the Indian Penal Code but convicted and sentenced them in the manner stated hereinafter :--
(ii) Under Section 323 read with Section 34 of the Indian Penal Code to undergo six months' R.I.
The trial Court directed the sentences of appellants on all the counts to run concurrently.
(2) Aggrieved by his convictions and sentences, Kailash preferred before this Court Criminal Appeal No. 1989 of 2009, whereas Badey-Lal, Munna-Lal and Sipahi alias Nanh preferred Criminal Appeal No. 1982 of 2009.
(3) Since both these appeals arise out of a common factual matrix and impugned judgment, we are disposing them of by a common judgment.
(4) Shortly stated the prosecution case runs as under :--
(5) Prior to the incident, enmity was subsisting between father of appellants, namely, Ratan on one hand and father of the informant, namely, Devi Deen (P.W.3) on the other with regard to a land.
(6) On 09.12.2006, at about 2.30 p.m., on seeing that goats of appellant Bade Lal, who is the pattidar of the informant-Nagesar Lonia, were grazing and damaging the crop of Lentil and Pea sowed in the field of the informant, then, the wife of the informant, namely, Ranjeeta Devi (P.W.2), was trying to oust the goats from the field. The wife of appellant Kailash, who was also present there, started altercation and on listening the hue and cry, the informant-Nagesar Lonia (P.W.1), father of the informant (Devi Deen P.W.3), and elder brother of the informant (Khushi Ram, deceased) reached on the spot and at the same time, appellants Badey Lal, Munna Lal and Sipahi alias Nanh and Kailash came there with lathi, danda and illegal firearm and by using abusive language to the informant, his father Devi Deen (P.W.3), wife Ranjeeta Devi (P.W.2) and his elder brother Khushi Ram (deceased) on the spot also. On seeing this, informant, his father Devi Deen (P.W.3), wife Ranjeeta Devi (P.W.2) and his elder brother Khushi Ram (deceased) fled due to fear, upon which, appellants chased them and with intention to kill elder brother of the informant, Khusi Ram, who was handicapped by leg, appellant-Kailash fired upon him with a countrymade pistol at the west of the field of the chakroad, to which elder brother of the informant, Khushi Ram, died on the spot. Thereafter, appellants besieged the informant, his wife Ranjeeta Devi and his father Devi Deen also near the chak road and, thereafter, seriously injured them by beating them from Lathi, danda and butt of the illegal firearm. This incident was seen by Ramesh and Shiv Bhagwan, sons of Lal Bahadur and other persons of the village, who were present there. Thereafter, a
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
