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IN THE HIGH COURT OF ALLAHABAD
Anjani Kumar Mishra, Shekhar Kumar Yadav, JJ.
Krishna Pal Singh And Others - Appellant
Vs.
State of U.P. - Respondent
CRIMINAL APPEAL No. -261 of 2006
Decided On : 04-03-2021
Indian Penal Code, 1860 - Sections 148, 323/149, 324/149,302/149, 504 - Arms Act - Section 25/27 - Assault weapon Barchhi, country made pistol and cartridges – Voluntarily causing hurt by dangerous weapons or means – Injuries and Murder - Alleged that he used to tie cattle in front of his house when informant was standing at his door, accused and both his sons armed with country made pistol and Lathi advanced towards his door. Accused assaulted informant with Barchhi on his temple - In order to save his life, he raised alarm - Thereafter, his family members reached there. On the exhortation of accused other accused persons started firing and assaulted with lathi, danda - In incident, informant and P.W.-2 and injuries. At this, deceased arrived on spot to rescue them and addressed his maternal uncle (Mama) why he was assaulting his uncle - At this accused retorted derisively that who is his Mama and fired shot upon Yogendra Singh with his country made pistol, who died instantaneously on spot.
Finding of the court: dispute did not arise at the spur of the moment as the evidence clearly shows that the accused had gone after abusing the complainant and again returned to the site in question with the preparedness to assault on the informant and others in which a young lad of 16 years has been done to death and two persons from complainant side received injuries and their injuries cannot be disputed. Even their injuries are fully corroborated by the medical evidence. Thus, on the basis of the medical and ocular evidence, we are fully satisfied that the prosecution has been able to prove its case beyond reasonable doubt. It is also not a case where injured witnesses can be said to be planted one – Court not feel that any interference is warranted.
Result: criminal appeal dismissed
JUDGMENT :
1. Instant appeal arises out of a judgment of conviction and order of sentence dated 12.01.2006 passed by learned Addl. District and Sessions Judge, Court No. 6, District Kanpur Dehat in Sessions Trial No. 255 of 2001 (arising out of Case Crime No. 345 of 2000) (State Vs Krishna Pal Singh and Others) and Sessions Trial No. 417 of 2001 (arising out of Case Crime No. 357 of 200) (State Vs Amar Singh), whereby the accused Kaptan Singh, Mohan Trivedi, Vimal Singh and Anirudh Singh were acquitted of the charge under Sections 148, 323/149, 324/149,302/149, 504 IPC. Further, the appellants Kamal Singh (Appellant No. 2), Amar Singh (Appellant No. 4), Narendra Singh (Appellant No. 5) and Jai Karan Singh (Appellant No. 6) were convicted under Sections 148, 323/149, 324/149, 302/149, 504 IPC and further appellants Krishna Pal Singh and Nirmal Singh were convicted under Section 147, 323/149, 324/149, 302/149, 504 IPC. Further the appellant Amar Singh in Sessions Trial No. 417 of 2001 was convicted under Section 25/27 of Arms Act.
2. By the said judgement the appellants Kamal Singh (Appellant No. 2), Amar Singh (Appelant No. 4), Narendra Singh (Appellant No. 5) and Jai Karan Singh (Appellant No. 6) were convicted under Section 148 IPC and sentenced to three years RI and fine of Rs. 1000/-each, under Section 323/149 IPC and sentenced to one year R.I. and fine of Rs. 500/-each, under Section 324/149 IPC and sentenced to under go three years R.I. and fine of Rs. 1000/-each, under Section 302/149 IPC and sentenced to life imprisonment and fine of Rs. 5000/-each, under Section 504 IPC sentenced to six months R.I. and fine of Rs. 500/-each along with default stipulation.
3. The appellants Krishnapal Singh (Appellant No. 1) and Nirmal Singh (Appellant No. 3) were convicted under Section 147 IPC and sentenced to undergo two years R.I. and fine of Rs. 500/-each, under Section 323/149 IPC sentenced to one year RI and fine of Rs. 500 each, under Section 324/149 IPC sentenced to three years R.I. and fine of Rs. 1000/-each and under Section 302/149 IPC sentenced to life imprisonment and fine of Rs. 5000/-each, under Section 504 IPC sentenced to six months R.I. and fine of Rs. 500/-each along with default stipulation.
4. The appellant Amar Singh in Sessions Trial No. 417 of 2001 was convicted under Section 25/27 Arms Act and sentenced to three years R.I. and fine of Rs. 2000/-with default stipulation.
5. All the aforesaid sentences were directed to run concurrently.
6. The appeal against Krishna Pal Singh (Appellant No. 1) has already been dismissed as abated vide order dated 28.09.2018 passed by another Co-ordinate Bench of this Court.
7. Adumbrated facts, as per the prosecution version are that the Informant Vinod Singh (P.W.-1) submitted a written report (Ex-Ka-1) on 30.11.2000 at P.S. Shivli, District Kanpur Dehat alleging therein that he used to tie the cattle in front of his house. It is alleged that the cow dung was forcibly taken away by the sons of accused Krishna Pal Singh. On 30.11.2000 at 6.00 a.m. the informant was standing outside his door and at that time accused Kamal Singh and Nirmal Singh both sons of Krishna Pal Singh (Village Pradhan) started taking away the cow dung, which was objected by the informant. At this, both the accused stated that since this Government Kharanja pertains to society, they would lift the cow dung forcibly. After abusing and threatening the informant they went away. Thereafter, on the same day at 8.00 a.m. when the informant was standing at his door, accused Krishna Pal Singh (village Pradhan) and both his sons namely Kamal Singh and Vimal Singh armed with Pharsa and Barchhi and accused Anirudh Singh and his brothers Kaptan Singh and Amar Singh and accused Narendra Singh armed with country made pistol, Addhi, Pharsa, Barchhi and Lathi advanced towards his door. Accused Kamal Singh assaulted the informant with Barchhi on his temple. In order to save his life, he raised alarm. Thereafter, his family members
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