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2020 Supreme(All) 1380
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Rajeev Misra, J.
Ram Prasanna Singh - Appellant
Vs.
State of U.P. - Respondent
CRIMINAL APPEAL No. - 780 of 1983
Decided On : 07-12-2020
For The Appellant : H.S.N. Tripathi, Ram Chandra Maurya, Satya Prakash Singh
For The Respondent: A.G.A.
Headnote:
Indian Penal Code, 1860 - Sections 323, 307, 34 – Criminal Procedure code, 1973 - Section 161, 313 - Uttar Pradesh First Offenders' Probation Act, 1938 - Attempt to murder - No steps were taken by accused persons to get an F.I.R. lodged by them - None of injured appeared as a witness to prove occurrence in which injuries were sustained by them - Accused denied their complicity in crime in question and pleaded not guilty – Held, none of three prosecution witnesses of fact have deposed that gun shot was fired by accused-appellant with an intention to kill deceased - Had intention of accused-appellant been to kill deceased, only act required on his part was to raise barrel of his gun which admittedly he did not do - Result of same is that shot was fired without any intention to kill - Conviction of accused-appellant under Section 307 IPC is clearly unsustainable and criminality committed by accused-appellant shall fall within ambit and scope of Section 324 IPC - Occurrence had occurred more than 41 years ago - Whatever enmity existed between parties must have vanished with passage of time - Families must have settled and also reconciled with circumstances - At this stage, to direct accused-appellant to undergo detention for offences under Section 324 IPC and Section 323 read with Section 34 IPC would not serve any purpose - Appeal partly allowed.
JUDGMENT :
1. The assail in this appeal is to the judgement dated 31.3.1983 and order dated 2.4.1983 passed by Mr. S.S. Srivastava, Special Judge, Deoria in S.T. No. 132 of 1980 (State Vs. Ram Nain Singh & three Others) under Sections 323, 307, 34 IPC, whereby and whereunder accused-appellant Ram Prasanna Singh has been convicted under sections 307, 323 and 34 IPC and consequently, sentenced to four years rigorous imprisonment under section 307 IPC read with section 34 IPC and 6 months rigorous imprisonment under section 323 IPC. Both the sentences are to run concurrently. The other three accused (I) Ram Nain Singh (2) Ashok Singh and (3) Udai Pratap Singh were convicted under section 323 read with section 34 IPC but were acquitted for an offence under section 307 IPC. However, they were released on probation by granting benefit under Uttar Pradesh First Offenders' Probation Act, 1938. Hence the present appeal by only one convicted accused Ram Prasanna Singh.
2. Record reveals that an incident is alleged to have occurred on 2.3.1979 at around 7:30 am in village Rudrapur, District Deoria in which three persons from the side of informant namely (I) Ram Murti Singh (ii) Sukhraji and (iii) Ram Pyare Singh are alleged to have sustained injuries whereas (1) Ram Nain Singh and (ii) Tej Prakash who belong to other side are also alleged to have received injuries.
3. On account of aforesaid occurrence dated 2.3.1979, Doodhnath Singh (P.W.1) father of injured Ram Pyrare Singh, Ram Murti Singh and husband of injured Sukhraji, submitted a written report dated 2.3.1979 (Ext-Ka-1) around 9:30 am at Police Station-Rudrapur, District-Deoria, scribed by Sita Ram Singh giving a vivid description of above mentioned occurrence and also names of accused and injuries caused by them. At this time, he also deposited three cartridges which were accepted by Constable Moharrir Nagendra Singh. He, accordingly, prepared memo of same (Ext. Ka-6).
4. Above mentioned written report dated 2.3.1979 was entered in General Diary of Police Station Rudrapur on 2.3.1979 by Constable Moharir Nagendra Singh. The carbon copy of same is on record as (Ext.Ka-3). He thereafter scribed check F.I.R. Dated 2.3.1979 (Ext. Ka-2) which was registered as Case Crime No. 66 of 1979, under Sections 323, 504, 307 IPC, Police Station-Rudrapur, District-Deoria.
5. As per aforesaid F.I.R. dated 2.3.1979, Doodhnath Singh is informant whereas (1) Ram Nain Singh son of Kali Charan Singh (2) Ashok Singh (3) Udai Pratap and (4) Ram Prasanna Singh sons of Ram Nain Singh have been nominated as named accused.
6. Prosecution story as emerging from F.I.R. dated 2.3.1979 has been meticulously narrated in paragraph 2 of impugned judgement rendered by Court below, which reads as under:
“Briefly stated, the prosecution version as given in the written report Ex.Ka-1 of Doodhnath Singh S/o Sheo Prasad Singh, r/o village Samogar, P.S. Rudrapur, District Deoria, is that on 2.3.1979, at about 7:30 am, children of the house of accused Ram Prasanna Singh were beating his grandson, Shiv Kumar Singh and Doodhnath Singh's son Ram Murti Singh reached there and asked those children not to beat. At this, the accused Ram Nain Singh and his sons-Ashok Singh, Udai Pratap Singh and Ram Prasanna singh came armed with lathies and gun in the land of Doodhnath Singh situate towards the west of his house. The accused began to beat Ram Murti Singh with fists, kicks and butt ends of lathies. Doodhnath Singh and his son Ram Pyare Singh and wife and co-villagers Ramashanker Singh, Badedu Mallah and others arrived there and intervened. On getting an opportunity, the accused Ram Prasanna Singh fired upon Ram Murti Singh with his licensed gun in order to finish him. Ram Murti Singh received fire arm injuries in his right knee. Ram Murti Singh fell down on the ground. The accused then made their escape good towards their house. Ram Murti Singh, Ram Pyare Singh and Doodhnath Singh's wife received injuries. Doodhnath Singh took his inju
