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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Mahesh Chandra Tripathi, Rajendra Kumar-IV, JJ.
Munna Singh and ors - Appellant
Versus
State - Respondent
Criminal Appeal No.1155 of 1992
Decided On : 30-05-2022
MURDER - Obstruction of Pathway - Sections 147, 148, 323, 302 IPC - The court convicted the accused for murder and assault under various sections of the IPC. The appeal was filed assailing the judgment. The court found that the evidence did not support the conviction for murder but upheld the conviction for assault under Section 323 IPC.
Fact of the Case:
The deceased approached the accused to complain about an obstruction on the pathway. The accused, armed with weapons, assaulted the deceased and others, resulting in the death of the deceased. The prosecution alleged murder and assault under various sections of the IPC.
Finding of the Court:
The court found that the evidence did not support the conviction for murder but upheld the conviction for assault under Section 323 IPC.
Issues: The main issue was whether the accused were guilty of murder and assault as charged by the prosecution.
Ratio Decidendi: The court found that the evidence did not establish a premeditated intent to commit murder. The court also found that the accused did not constitute an unlawful assembly with the common object of committing murder. Therefore, the conviction for murder was set aside. However, the evidence supported the conviction for assault under Section 323 IPC.
Final Decision: The court allowed the appeal in part, setting aside the conviction and sentence for murder but upholding the conviction and sentence for assault under Section 323 IPC.
JUDGMENT :
1. Heard Sri Manvendra Singh, learned counsel for appellants and Shri G.P. Singh, learned A.G.A. for State.
2. The present Criminal Appeal has been preferred assailing the correctness of the judgment and order dated 30.6.1992 passed by IIIrd Additional Sessions Judge, Fatehpur in Sessions Trial No.490/1989 (State vs. Munna Singh and ors), arising out of Case Crime No.889 of 1989 under Sections 147, 148, 323 and 302 IPC, Police Station Kishunpur, District Fatehpur, whereby appellant no.1, Munna Singh has been convicted and sentenced under Section 148 IPC to undergo imprisonment of one year's rigorous imprisonment and under Section 302 IPC to undergo life imprisonment. Accused persons/appellant nos.2 to 5 Ram Prasad, Ram Raj, Guljar and Mannu have also been convicted and sentenced under Section 147 IPC to undergo R.I. for six months each and they have further been convicted under Section 302 read with Section 149 IPC for life imprisonment. The appellant nos.2 to 5 have further been convicted and sentenced under Section 323 IPC read with Section 149 IPC to undergo six months R.I. each.
3. The prosecution case, in brief, is that the accused persons put an obstruction (bandha) on pathway, wherefrom, rainy water flew towards south in front of their house. On the date of occurrence i.e. 27.6.1989 at about 7 p.m., brother of informant Niranjan Singh, apprehending danger to his house, went to accused persons to complain on the said obstruction. It is alleged that accused Munna Singh armed with a tamancha (country made pistol) and other accused persons namely Ram Prasad, Ram Raj Singh, Mannu Singh & Guljar Singh armed with lathis (sticks) met Niranjan Singh over the road, where the obstruction was created. The appellant no.1 Munna Singh fired at Niranjan Singh and also challenged his associates to assault him. Consequently, Niranjan Singh sustained serious injuries and fell down on the ground. Other accused assaulted him with lathis. After hearing altercation and noise of the firearm, Smt. Deo Ratiya (mother of informant), Smt. Premvati (wife of Niranjan Singh), Ram Niranjan (informant), Sanware Singh and several other persons of the village, reached on the spot. Smt. Deo Ratia and Smt. Premvati lied down over the fallen Niranjan Singh to save him from further assault but the accused had also assaulted them by the lathies. No medical aid could be given to Niranjan Singh and he died on the spot. Ram Niranjan Singh came to the police station on 28.6.1989 at 08.05 a.m. and lodged written report, whereupon a Case under Sections 147, 148, 149, 323, and 302 IPC was registered against the accused. The body of the deceased was sent for post-mortem examination conducted by Dr. Rakesh Kumar Mishra (PW-3) on 30.6.1989 and he noticed following injuries:-
2. Firearm wound of exit 1 cm right gronic fold laterally, size 6 cm x 6 cm. Margins extroverted, skin and muscles badly lacerated.
3. Lacerated wound on skull 2 cm above left eye brow, size 2 cm x 1 cm transverse.
4. Lacerated wound on left elbow joint posteriorly size 2 cm x 1 cm.”
4. Contents of the first information report were taken in concerned chick F.I.R. (Ext.Ka-3) as Case Crime No.58 of 1989 under Sections 147, 148, 323 and 302 IPC at Police Station Kishunpur, District Fatehpur. After completing investigation, the investigation officer submitted chargesheet against the accused under Sections 147, 148, 149, 302 and 323 IPC. The Chief Judicial Magistrate, Fatehpur took cognizance and thereafter committed the case to the Court of Sessions Judge, registered as Sessions Trial No.490 of 1989. Finally, charges were framed by the Sessions Judge on 08.2.1990. The charges were read over and explained to the accused, who abjured charges and opted for trial.
5. In order to establish the guilt of the accused,
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