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2022 Supreme(All) 562
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
MANOJ MISRA, SYED AFTAB HUSAIN RIZVI, JJ.
Ram Gati @ Prem Chandra – Appellant
Versus
State of U.P. – Respondent
Criminal Appeal No.5950 of 2010
Decided on : 07-07-2022
Advocate Appeared:
For the Appellant : Sanjay Kumar Srivastava, Amit Kumar Singh, Lav Srivastava, R.P.Srivastava, Vinod Kumar Sahu
For the Respondent: P.K. Singh, Tripathi B.G.Bhai
Headnote:
Indian Penal Code, 1860 – Sections 302, 452, 120-B – Criminal Procedure Code, 1973 – Section 145, 107, 313 – Arms Act, 1959 – Section 25/27 – Offence of murder – House-trespass after preparation for hurt, assault or wrongful restraint – Criminal conspiracy – Appellant has been convicted under Sections 302 and 452 I.P.C. and sentenced as follows: imprisonment for life and fine of coupled with a default sentence, under Section 302 I.P.C.; and four years R.I. and fine coupled with default sentence, under Section 452 I.P.C – Both sentences to run concurrently – Held, More so, when their ocular account is corroborated by medical evidence and by collection of plain/blood stained earth from inside room, where the deceased was shot at, spot was confirmed – Site plan discloses that witnesses were in close proximity and could have witnessed incident – No doubt, testimony of PW-1 may not inspire our confidence with regard to his statement that two shots were fired and that he witnessed shot being fired at deceased through window of that room, because PW-2 and PW-10 speak of solitary shot and probability of him having escaped from spot seeing assailants is quite high – Court are in agreement with the view of the trial court that prosecution has been successful in proving guilt of accused-appellant beyond pale of doubt in respect of offences punishable under Sections 452 and 302 I.P.C – There is, therefore, no merit in this appeal – same is dismissed – Judgment and order of trial court is affirmed – Accused-appellant is reported to be in jail – He shall serve out sentence awarded by trial court – Same dismissed.
JUDGMENT :
1. This appeal is against the judgment and order dated 04.08.2010, passed by the Sessions Judge, Basti in Sessions Trial No.137 of 2007, arising out of Case Crime No.178 of 2007 (State Vs. Ram Gati alias Prem Chandra and others), P.S. Khalilabad, district Sant Kabir Nagar, whereby the appellant has been convicted under Sections 302 and 452 I.P.C. and sentenced as follows: imprisonment for life and fine of Rs.5,000/-, coupled with a default sentence of six months, under Section 302 I.P.C.; and four years R.I. and fine of Rs.3,000/-, coupled with default sentence of three months, under Section 452 I.P.C. Both sentences to run concurrently.
2. Four persons, namely, Ram Gati @ Prem Chandra (the appellant), Vijay Kumar, Daya Shankar and Krishna Chandra were put to trial. The appellant was charged for offences punishable under Sections 302 and 452 I.P.C. and Section 25/27 Arms Act whereas, co-accused Vijay Kumar and Krishna Chandra were charged for offences punishable under Sections 452 and 302 read with Section 34 I.P.C. The fourth accused, namely, Daya Shankar, was charged for offence punishable under Section 120-B I.P.C. The appellant though was acquitted of the charge of offence punishable under Section 25/27 Arms Act but has been convicted for other offences as noticed above; whereas, co-accused, Vijay Kumar, Krishna Chandra and Daya Shanker have been acquitted. Hence, this appeal is confined to the accused-appellant (Ram Gati alias Prem Chandra) in respect of his conviction for offences punishable under Sections 452 and 302 I.P.C.
INTRODUCTORY FACTS
3. The prosecution case is that there was an old standing enmity between informant-Ram Shabad (PW-1) and the appellant on account of land dispute; that on account of this enmity, the appellant had always been on the lookout to cause harm to the informant and his family; that on 24.01.2007, while the informant was at his Baithak, his wife-Kishori (PW-10) and his elder daughter Nirmla (the deceased) inside the house and his younger daughter-Pramila (PW-2) outside, near the tap/tube-well, filling water, at about 7.15 pm, Ram Gati (the appellant), co-accused Vijay Kumar, Daya Shanker and Krishna Chandra came at the door of informant’s house with country made pistol, Lathi/Danda and asked informant’s younger daughter, namely, Pramila (PW-2), as to where her father and brothers were, when PW-2 refused to divulge any information about them, the accused persons entered the house; at this stage, informant’s elder daughter Nirmla (the deceased) objected and warned the accused not to enter the house; on account of her intervention, Daya Shankar exhorted the accused, upon which, Ram Gati (the appellant) fired a shot at Nirmla, as a result, Nirmla died on the spot; on hearing the noise of gunshot, the informant, his wife (PW-10) and other villagers, namely, Surendra, Jhinku (PW-3), Babu Lal etc. arrived with Lathi/Danda and torch and challenged the accused, as a result, all the four accused escaped. By making all these allegations, written report (Exb.Ka-1) was lodged by PW-1 at police station Kotwali Khalilabad, district Sant Kabir Nagar where it was registered as Case Crime No.178 of 2007 at 20.35 hrs on 24.01.2007 of which chik FIR (Exb.Ka-5) and GD entry (vide report no.52) (Exb.Ka-6) was made by PW-5.
4. After registration of the FIR, Chhedi Prasad Yadav, SSI (PW-7) proceeded to the spot with his team of officers and carried out the inquest proceedings. On completion of inquest proceedings by 22.50 hrs, the inquest report (Exb.Ka-9) was prepared by S.I. Paras Nath Mishra whose signatures were identified and proved by PW-7.
5. During investigation, Chhedi Prasad Yadav (PW-7) lifted plain earth/blood stained earth from the spot and prepared its seizure memo (Exb.Ka-10). PW-7 also prepared challan nash, photo nash and other documents in connection with autopsy, which were exhibited as Exb.Ka-11 and Ka-14 and, after sealing the body of the deceased, sent the same for autopsy. On 25.01.200
