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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Vivek Kumar Birla, Subhash Vidyarthi, JJ.
State of U.P. – Appellant
Versus
Phool Singh and others – Respondents
Government Appeal No. 2300 of 1984
Decided On : 15-03-2022
The Court reversed the acquittal of the accused-respondents in a case involving rioting, attempt to murder, and murder. The Court held that the prosecution had established beyond a reasonable doubt that the accused-respondents were part of an unlawful assembly with the common object of settling a score from the previous day. The Court found that the accused-respondents had gathered in front of the house of one of the accused, carrying guns and country-made pistols, and that they had fired gunshots at the victims, causing injuries and death. The Court held that the accused-respondents were liable for the offenses committed by the members of the unlawful assembly, even if they did not personally commit any overt acts. The Court sentenced the accused-respondents to various terms of imprisonment and fines.
Fact of the Case:
The case involved an incident that occurred on June 21, 1981, in which seven accused persons gathered in front of the house of one of the accused, carrying guns and country-made pistols. They fired gunshots at the victims, causing injuries and death. The accused-respondents were charged with rioting, attempt to murder, and murder.
Finding of the Court:
The Court found that the prosecution had established beyond a reasonable doubt that the accused-respondents were part of an unlawful assembly with the common object of settling a score from the previous day. The Court held that the accused-respondents had gathered in front of the house of one of the accused, carrying guns and country-made pistols, and that they had fired gunshots at the victims, causing injuries and death. The Court held that the accused-respondents were liable for the offenses committed by the members of the unlawful assembly, even if they did not personally commit any overt acts.
Issues: The issues in the case were whether the prosecution had established beyond a reasonable doubt that the accused-respondents were part of an unlawful assembly with the common object of settling a score from the previous day, and whether the accused-respondents were liable for the offenses committed by the members of the unlawful assembly, even if they did not personally commit any overt acts.
Ratio Decidendi: The Court held that the prosecution had established beyond a reasonable doubt that the accused-respondents were part of an unlawful assembly with the common object of settling a score from the previous day. The Court found that the accused-respondents had gathered in front of the house of one of the accused, carrying guns and country-made pistols, and that they had fired gunshots at the victims, causing injuries and death. The Court held that the accused-respondents were liable for the offenses committed by the members of the unlawful assembly, even if they did not personally commit any overt acts. The Court relied on the principles of unlawful assembly and vicarious liability under Section 149 of the Indian Penal Code.
Final Decision: The Court reversed the acquittal of the accused-respondents and sentenced them to various terms of imprisonment and fines.
JUDGMENT :
Subhash Vidyarthi, J.
1. Heard Ms. Nand Prabha Shukla, learned A.G.A. for the State and Sri Apoorv Tiwari and Sri Raj Kumar Yadav, Advocates, the learned Counsel for the accused-respondent Nos. 2, 3 and 5.
2. By means of the instant appeal filed under Section 378 of Cr.P.C., the State has challenged the judgment and order dated 30th April 1984 passed by the Special Judge (Additional Sessions Judge), Agra in Sessions Trial No. 51 of 1982 under Sections 148, 307/149, 302/149 IPC, Police Station Fatehpur Sikri, District Agra whereby the accused-respondent Nos. 1 to 6 have been acquitted from all the charges.
Prosecution Case
3. The prosecution case is that the accused persons are residents of Village Baseri Chahar and the house of the accused Phool Singh son of Patiram (the respondent No. 1) is situated opposite the house of Sukh Singh, the informant of the case. Giriraj Singh is the brother-in-law of Fauran Singh – who is the elder brother of Phool Singh and Giriraj Singh lives with Phool Singh. The respondent Nos. 2 and 3 are nephews of the respondent No. 1, the respondent No. 4 is a relative of the respondent No. 1 and the respondent Nos. 5 and 6 are friends of the respondent No. 1. Giriraj Singh and Phool Singh used to indulge in indecent talks, looking at the ladies of the informant's house. On 20.06.1981 the informant had objected to it. Upon this Giriraj Singh and Phool Singh abused the informant. Member Singh s/o Devi Ram who is related to the informant like a brother, also objected to the activities of Giriraj Singh and Phool Singh. Upon this, the aforesaid persons left the place and Giriraj Singh said that at that time he was short of man power and he will settle the score with the informant. On the next day i.e. on 21.06.1981, when the informant was lying down in front of his house, Phuli, Giriraj and Fateh Singh armed with single barrel guns and Virendra, Sher Singh, Malkhan and Brijendra armed with country made pistols gathered in front of Phuli's house. They charged towards the informant's house. Upon hearing the commotion, Ramshri wife of Nirpat-cousin of the informant and Balbiri wife of Shivram, another cousin of the informant, came there. The accused-persons started firing. The informant took shelter of a wall and the pellets of gun-shots hit Balbiri and Ramshri and also the wall behind which the informant was taking shelter. Upon hearing the noise, some other persons came there and asked the accused-persons not to do so, as it will result in loss of lives of the people. The accused-persons started firing on those people also, due to which pellets hit Phool Singh s/o Jorawar Singh, Sobaran s/o Dilip Singh, Chhiddi s/o Devjeet, Panna s/o Manphool and Lakhan s/o Jogdar. After this, seven accused persons ran away towards south of Phuli's house. After sometime, the police guard posted in the village came there.
4. Sukh Singh arranged a Tractor with Trolley to take the injured to the hospital and Sukh Singh, Mohan, Subedar Kharag Singh and other persons accompanied them. Maharam met on the way, who told them that Brijendra Singh s/o Hari Ram (respondent No. 6) had been arrested and Brijendra Singh was also made to sit in the Tractor Trolley.
5. Thereafter at the tube-well of Subedar Kharag Singh, Sukh Singh dictated the script of the F.I.R. to Subedar Kharag Singh who wrote the same in his hand writing and the injured persons were taken by Sukh Singh to the Police Station. A report of the incident was lodged in Police Station Fatehpur Sikri on 21.06.1981 at 5:20 p.m. and the police recorded the statement of injured Phool Singh s/o Jorawar Singh who was lying down in a serious condition in the Tractor Trolley alongwith the other injured persons. While groaning with pain, Phool Singh stated that as soon as he reached in front of the house of Sukh Singh upon hearing the commotion, Fateh Singh (the respondent No. 2) fired at him and the bullet hit him below his left shoulder. Giriraj Singh shot the second fire and th
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