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2021 Supreme(All) 1707
IN THE HIGH COURT OF ALLAHABAD
RAJEEV MISRA, J.
Ram Narain and Others - Appellants
Versus
State of U.P. - Respondent
Criminal Appeal No. 653 of 1983
Decided On : 21-01-2021
Advocate Appeared:
For the Appellant : G.P. Dixit, Ashutosh Dwivedi.
Headnote:
Conviction under Section 307 IPC set aside. Conviction under Sections 148 and 149 converted into fine/compensation of Rs. 25,000. Bail bonds and surety bonds discharged.
Fact of the Case:
The appeal was filed by accused appellants Ram Narain and Diwari Lal challenging the judgment and order dated 9.3.1983, passed by the IVth Additional Sessions Judge, Etawah in Sessions Trial No. 363 of 1979 and Sessions Trial No. 55 of 1980 arising out of Case Crime No. 169 of 1979 under sections 147, 148, 149/307 IPC, P.S. Diviyapur, District Etawah. The accused were convicted and sentenced for forming an unlawful assembly, rioting, and attempting to commit murder.
Finding of the Court:
The Court found that the medical evidence and recoveries did not support the conviction of appellant-1 Ram Narain under section 307 IPC. The conviction under sections 148 and 149 IPC was sustained. However, considering the age of the appellant and the passage of time since the occurrence, the Court converted the conviction under sections 148 and 149 into a fine/compensation of Rs. 25,000.
Issues: The main issue was the sustainability of the conviction and sentence of the appellants under sections 147, 148, 149/307 IPC.
Ratio Decidendi: The Court found that the medical evidence and recoveries did not support the conviction of appellant-1 Ram Narain under section 307 IPC. The conviction under sections 148 and 149 IPC was sustained. However, considering the age of the appellant and the passage of time since the occurrence, the Court converted the conviction under sections 148 and 149 into a fine/compensation of Rs. 25,000.
Final Decision: The appeal was partly allowed, setting aside the conviction under Section 307 IPC and converting the conviction under Sections 148 and 149 into a fine/compensation of Rs. 25,000. Bail bonds and surety bonds of accused-appellant Ram Narain and others were discharged.
JUDGMENT :
1. This appeal under section 374 (2) Cr.P.C. has been filed by accused appellants Ram Narain and Diwari Lal, challenging judgement and order dated 9.3.1983, passed by Mr. R.C. Pandey, the then IVth Additional Sessions Judge, Etawah in Sessions Trial No. 363 of 1979 (State Vs. Ram Narain) and Sessions Trial No. 55 of 1980 (State Vs. Diwari Lal) arising out of Case Crime No. 169 of 1979 under sections 147, 148, 149/307 IPC, P.S. Diviyapur, District Etawah.
2. By means of impugned judgement and order dated 9.3.1983 appellant-1 Ram Narain has been convicted and sentenced to one year rigorous imprisonment under section 148 IPC and 5 years rigorous imprisonment under sections 307/149 IPC. Similarly, appellant-2 Diwari Lal has been convicted and sentenced to six months rigorous imprisonment under section 147 IPC and 5 years rigorous imprisonment under sections 307/149 IPC. Both the sentences awarded to appellants are to run concurrently.
3. During pendency of appeal, appellant-2 Diwari Lal died. Consequently, present appeal, in respect of appellant-2 was abated vide order dated 16.12.2013.
4. As per prosecution case, accused persons formed an unlawful assembly and in fulfilment of common object of the said assembly committed the offence of rioting and also attempted to commit murder of Bhagirath and others along with their associates in the night of 15/16.9.1979 in the paddy filed of Nand Lal situate in vilage Mainpoot within the circle of police station Diviyapur, District Etawah.
5. Prosecution story as unfolded in F.I.R. dated 16.9.1979 (Ext. Ka-2) reveals that two Police constables namely, Constable 351-Shyam Singh and Constable 117-Ram Singh were on beat. When aforesaid two constables reached near village Kamalpur, they heard sounds of gun fire coming from the direction of village Muchaha. Immediately, these two constables hurriedly rushed to village Muchaha. Upon reaching aforesaid village, they met Khoob Singh, Sarman, Ajab Singh, Mathura Singh, Dhoom Singh and Mohhabat Singh of village Muchaha, who during course of conversation disclosed that a dacoity has been committed in the house of Jagram Singh Banjaro of village Muchaha and the dacoits have fled a short time ago in direction of village Mainpoot. On account of gun shots fired by dacoits, one Bhoop Singh of village Muchaha has been injured.
6. Leaving injured Bhoop Singh in safety of some villagers, aforesaid two constables in company of Khoob Singh and others, immediately proceeded in direction of village Mainpoot, shouting on their way to nab the culprits. On shouts raised by these persons, Bhagirath, Rambharose, Ramprasad, Shiv Singh each armed with lathi and torch, Lajjaram armed with his licensed gun and Prag Singh also armed with his licnesed gun as well as Babu Singh, Janki Prasad, Shivram Singh and Mukhram Singh, Narendra and some other persons armed with lathi and torch respectively came and met the two Police Constables.
7. All above named persons then proceeded together in direction taken by culprits and ultimately encircled them in paddy field of Nandram in village Mainpoot, upon which culprits with an intention to cause death, fired three to four shots. In retaliation Prag Singh, Ajab Singh and Lajja Ram also fired from their licensed guns, whereas the two Police constables also fired two shots each, in self defence.
8. As a consequence of aforesaid, and after applying some force, some of the culprits were nabbed by aforesaid party at around 2-2:30 am. whereas some of the accused managed to escape and could not be apprehended even after chase.
9. Arrested accused disclosed their names as Ram Das S/o Kallu Kurmi, resident of village Nainpur, P.S. Sikandra, District Kanpur, Tej Ram S/o Ram Das Dhobi, resident of village Behta, P.S. Pali, District Hardoi and Ram Narayan S/o Ram Kumar Kachi R/o village Diviyapur, P.S. Diviyapur, District Etawah.
10. Upon arr
