Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(All) 1659

IN THE HIGH COURT OF ALLAHABAD
SUNITA AGARWAL, SADHNA RANI (THAKUR), JJ.
Surya Udaivir Alias Sonu - Appellant
Versus
State of U.P. - Respondent
Criminal Appeal No. 7021 of 2010
Decided On : 21-04-2022

Advocates Appeared:
For the Appellant : Brij Raj Singh, Dhirendra Kumar Pal, Jitendra Kumar Mishra, Kuldeep Singh Yadav, Prakash Chandra Srivastava, V.K. Sharma.
For the Respondent: N.K. Maurya, P.K. Chauhan.

The court found the testimony of the eyewitnesses to be trustworthy and reliable, disregarding minor contradictions and inconsistencies in their statements.

Headnote:
The deceased Subhash Chandra was shot and killed at a feast in the village Bagpur. The appellant was convicted under Section 302 I.P.C. based on the testimony of two eyewitnesses, P.W. 1 and P.W. 2, who claimed to have seen the appellant and two co-accused surround the deceased and fire at him. The appellant appealed the conviction, arguing that the first information report was sent to the Magistrate with a delay, the witnesses were unreliable, and the injuries sustained by the deceased did not match the ocular evidence. The court found the witnesses' testimony to be trustworthy, disregarded the minor contradictions, and upheld the conviction.

JUDGMENT :

Sadhna Rani (Thakur), J.

1. This appeal has been preferred against the judgement and order dated 08.10.2010 passed by the Sessions Judge, Mainpuri in Sessions Trial No. 364 of 2006 arising out of Case Crime No. 292 of 2006 (State Vs. Surya Udaivir alias Sonu and others) convicting and sentencing the appellant only under Section 302 I.P.C. with life imprisonment and fine of Rs.25,000/- and in default of payment of fine, the accused has to undergo one year additional imprisonment.

2. The facts germane to this appeal are that on 16.06.2006 at 20.30 hours the first informant Ram Vilas lodged a first information report scribed by Satish Chandra Saxena at the Police Station Bewar District Mainpuri as Case Crime No. 292 of 2006 with the assertion that on 16.06.2006 he along with his cousin Subhash Chandra had gone to attend a feast in the village Bagpur. At about 6.00 p.m., when they were about to leave, Rajendra Singh, Rajiv and Surya Udaiveer Shatru Daman Singh alias Sonu suddenly came near Subhash Chandra and fired at him by a country made pistol. Subhash Chandra died on the spot. The accused persons fled away firing shots by their country made pistols. This incident created panic amongst the persons present in the 'Bhandara'. Ashok, Bantu, Mahendra s/o Babu Ram and all the persons present on the spot witnessed the incident.

3. After registration of the first information report as Case Crime No. 292 of 2006 the investigation was taken over by the S.I. Udaibhan Singh, who after reaching at the spot, recorded the statement of the complainant and because of night the inquest could only be conducted in the morning of 17.06.2006 at 7.15 a.m. The Investigating Officer prepared the inquest report, site plan and other necessary documents, sent the dead body for post mortem, took samples of blood stained and normal soil, prepared memo in that regard. Memo was also prepared regarding recovery of 20 pairs of shoes and 26 pairs of slippers, which were left by the mob on the spot due to panic. Additional statement of the complainant, the statements of the witnesses and statements of the accused persons in jail after their surrender were also recorded. The investigation culminated into filing of the charge sheet.

4. After receiving the charge sheet, the concerned Magistrate took the cognizance of the offence, supplied necessary copies of documents to the accused persons and committed the case to the Court of Sessions. The Sessions Court framed charges against all the three accused persons Rajendra, Rajeev and Surya Udai Veer Shatru Daman Singh alias Sonu on 08.01.2007 under Section 302/34 I.P.C.. The accused persons denied the charges and pleaded not guilty.

5. The prosecution produced as many as five witnesses in support of its case, P.W. 1 -Ram Vilas and P.W. 2 -Ashok Kumar are witnesses of fact who claim themselves to be the eye witnesses. Ram Vilas has proved his complaint. P.W. 3 -Dr. U.C. Chaturvedi conducted the post mortem on the dead body of the deceased Subhash Chandra and proved the post mortem report, P.W. 4 – S.I. Udaibhan Singh is the Investigating Officer, who has proved the inquest report and documents relating to the same, site plan, memo of blood stained and plain soil, memo of shoes and slippers recovered from the spot and the charge sheet. P.W. 5 is the Constable Iqbal Singh, who has proved the first information report and the General Diary prepared by HCP Jawahar Lal, as HCP Jawahar Lal is reported to be dead.

6. As documentary evidence the prosecution produced complaint of the complainant as Exhibit Ka-1, post mortem report as Exhibit Ka-2, inquest report as Exhibit Ka-3, challan dead body as Exhibit Ka-4, letter to R.I. as Exhibit Ka-5, letter to C.M.O. as Exhibit Ka-6, photo dead body as Exhibit Ka-7, site plan as Exhibit Ka-8, memo regarding blood stained and normal soil as Exhibit Ka-9, memo of recovery regarding shoes and slippers as Exhibit Ka-10, charge sheet as Exhibit Ka-11, chik F.I.R. as Exhibit Ka-12, copy