Ramphal Singh vs State of U. P. - 2021 Supreme(All) 1403

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(All) 1403

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Subhash Chand, J.
Ramphal Singh And Ors.- Appellant
Vs.
State of U.P. - Respondent
CRIMINAL APPEAL No. 6495 of 2019
Decided On : 03-03-2021

Advocates Appeared:
For The Appellant : Shiv Badan,Sushil Kumar
For The Respondent: G.A.

Headnote:
Criminal Procedure Code, 1973 - Sections 313 and 374(2) - Indian Penal Code, 1860 - Sections 304(II) r/w34 – Criminal Trial – Offence of Culpable homicide not amounting to murder – Gunshot injury - Appeal against conviction - Plea of alibi - P.W.1 in his statement deposed that occurrence in day hours. He along with his father had been coming back and when they reached near hut of Geetam, accused persons on issue of breaking the boundary between their fields, started hurling abuse to them and also extended life threats, began to beat them with lathi and danda; accused opened fire, which hit to right hands above chest of his father. Accused was armed with Tamancha, accused was armed with rifle and other accused were armed with lathi and danda - Held, Expression plea of alibi means elsewhere i.e. it is impossible for the accused for participation in crime and in these circumstances, distance becomes relevant factor - In present case this plea of alibi was not raised on behalf of accused persons by defence counsel neither in cross-examination giving any suggestion of same to prosecution witnesses nor this plea was raised in their statement recorded under Section 313 Cr.P.C - Even none of these accused produced themselves in witness box to prove plea of alibi with some evidence - On this sole ground the prosecution case cannot be discarded - From overall assessment and re-appreciation of evidence on record, prosecution has successfully proved its case beyond all reasonable doubts - There is no illegality or infirmity in the judgment of conviction passed by the Court below - Criminal appeal dismissed.

JUDGMENT :

Subhash Chand, J.

1. The instant appeal filed on behalf of accused-appellants under Section 374(2) Cr.P.C. is preferred against the judgment and orders dated 24.09.2019 passed by IVth Additional District & Sessions Judge, Kasganj, in Sessions Trial No. 59 of 2015, State vs. Ramphal Singh and others, as well as Sessions Trial No. 90 of 2015, State Vs. Jitendra, whereby the appellants have been convicted and sentenced as follows:

Appellants -Ramphal Singh, Sadhoo Singh & Devendra
307 IPC	Ten years rigorous imprisonment with fine of Rs.10,000/- each and in default of payment of fine six months additional simple imprisonment to each.
323 IPC	Six months rigorous imprisonment with fine of Rs.1000/- each and in default of payment of fine one month's additional simple imprisonment to each.
506 IPC	Two years rigorous imprisonment with fine of Rs.2500/- each and in default of payment of fine two months additional simple imprisonment to each.
	Appellant- Jitendra
307 IPC	Ten years rigorous imprisonment with fine of Rs.10,000/- and in default of payment of fine six months additional simple imprisonment.
323 IPC	Six months rigorous imprisonment with fine of Rs.1000/- and in default of payment of fine one month's additional simple imprisonment.
506 IPC	Two years rigorous imprisonment with fine of Rs.2500/- and in default of payment of fine two months additional simple imprisonment

1. In the present appeal facts of the prosecution case may be summarized as under :

The prosecution case in brief is that the informant Satish son of Daya Shankar, moved a written information with the police station with these allegations that on 25.10.2014 at 11.00 O'clock, he and his father had been coming back from their agricultural field and as soon as they reached near the hut of Geetam Singh Dau, the acusedRamphal, Devendra, Sadhoo and Jitendra, cordoned them and started hurling abuse on the issue of breaking the boundary of the agricultural field, began to beat the informant and his father with lathi and danda; accused-Ramphal opened fire from his rifle with intention to cause death of his father, which hit in right hand of his father; on raising alarm, Sanjay Singh and Matroo attracted there, who also saw the occurrence and rescued them; all the accused persons fled away extending life threats. At this written information, case crime no.404 of 2014 was registered against the accused-appellants, under Sections 307, 323, 504, 506 IPC. The Investigating Officer after having concluded the investigation filed two separate charge-sheets against the appellants. The court of additional Chief Judicial Magistrate, Kasganj, took cognizance on the charge-sheets and committed the case to the court of Sessions Judge, Kasganj, for trial.

2. The trial court framed charge against all the accused under Sections 307/34, 323, 504, 506 IPC and the charge was read over and explained to the accused-appellants, who denied the charge and claimed to be tried.

3. On behalf of prosecution to prove the charge against all the accused in documentary evidence adduced, written information Ext. Ka-1, supplementary report of injured Daya Shankar Ext. Ka-2, Check FIR Ext. Ka-3, G.D. Entry in regard to the registration of case Ext. Ka-4, Site Plan Ext. Ka-5, charge-sheet against accused Ramphal Ext. Ka-6, charge-sheet against accused Devendra and Sadhoo Ext. Ka-7, charge-sheet against accused Jitendra Ext. Ka-8, injury report of injured Daya Shankar Ext. Ka-9 and injury report of injured Satish Ext. Ka-10.

On behalf of prosecution in oral evidence, examined Satish P.W.1, injured Daya Shankar P.W.2, Dr. Rajeev Kumar P.W.3, Sub Inspector Amarnath Gautam (retd.) P.W.4, Dr. Manadi P.W.5.

4. The statement of accused-appellants under Section 313 of Cr.P.C. were recorded. All the accused de

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2021 Supreme(All) 1403

IN THE HIGH COURT OF JUDICATURE AT ALLAHABADSubhash Chand, J.Ramphal Singh And Ors.- AppellantVs.State of U.P. - RespondentCRIMINAL APPEAL No. 6495 of 2019Decided On : 03-03-2021

Cases Referred (6)

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Subhash Chand, J.
Ramphal Singh And Ors.- Appellant
Vs.
State of U.P. - Respondent
CRIMINAL APPEAL No. 6495 of 2019
Decided On : 03-03-2021