Puttan alias Shiv Shanker VS State of U. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

IN THE HIGH COURT OF ALLAHABAD
RAMESH SINHA, VIVEK VARMA, JJ.
Puttan alias Shiv Shanker and Another - Appellants
Versus
The State of U.P. - Respondent
Criminal Appeal No. 818 of 1981
Decided On : 11-03-2022

Advocates:
Advocate Appeared:
For the Appellant : J.N. Chaudhary, Gaurav Mishra, Rajendra Prasad Mishra, Sanjay Kumar Srivastava.

Headnote:(A) Indian Penal Code, 1860 - Sections 302/34, 307/34, and 394 - The appellants were convicted of murder and robbery, receiving life imprisonment and five years of rigorous imprisonment respectively, with sentences running concurrently. The court evaluated witness testimony, confirming the sequence of events leading to the murder of the deceased, including the brutal nature of the attack, with multiple gunshot wounds. (Paras 2, 20, 59)

(B) Criminal Procedure - FIR - The FIR lodged shortly after the incident was deemed sufficient, and despite the absence of certain independent witnesses, the eyewitness testimony was found credible. (Paras 6, 49)

(C) Motive - The motive for the attack was established as revenge for a previous murder involving the victims' family, contributing to the court's judgment on the appellants' culpability. (Para 33, 36)

Facts of the case:
The appellants, armed and aided by co-accused, dragged the deceased from a bus and shot him in broad daylight, witnessed by multiple passengers. The deceased had been involved in previous legal matters against the appellants.

Findings of Court:
Conviction based on reliable eyewitness accounts, medical evidence, and motive established by prior inter-family grievances.

Issues: Primary issues included the credibility of eyewitnesses, the motive for murder, and the handling of evidence post-incident.

Ratio Decidendi: The court ruled that direct evidence from multiple eyewitnesses, corroborated by medical examinations, substantiated the appellants' roles in the murder.

Result: Appeals dismissed, convictions upheld, and sentences confirmed.

JUDGMENT :

Ramesh Sinha, J.

(The judgment is pronounced in terms of Chapter VII Sub-rule (2) of Rule (1) of the ALLAHABAD HIGH COURT RULES , 1952 by Hon’ble Ramesh Sinha, J.)

1. Puttan, Ram Chandra and Lali alias Ram Shanker, were tried by the Sessions Judge, Unnao in Sessions Trial No. 480 of 1980 : State Vs. Puttan @ Shiv Shanker and Ram Chandra and Session Trial No. 336 of 1983 : State Vs. Lali alias Ram Shanker, respectively, arising out of Case Crime No. 220 of 1980, under Sections 302 /34, 307/34 and 394 I.P.C. at police station Achalganj, District Unnao.

2. Vide judgment and order dated 22.09.1981 passed in Sessions Trial No. 480 of 1980, the Sessions Judge, Unnao, acquitted the accused persons, Puttan alias Shiv Shanker and Ram Chandra, for the offence punishable under Section 307 /34 I.P.C., however, convicted and sentenced them in the manner as stated herein below :

ii. Under Section 394 I.P.C. to undergo imprisonment of five years R.I..”

Both the sentences were directed to run concurrently.

3. Later on, vide judgment and order dated 16.03.1984 passed in Sessions Trial No. 336 of 1983, the Sessions Judge, Unnao convicted and sentenced co-accused Lali alias Ram Shanker in the manner as stated herein below :-

ii. Under Section 394 I.P.C. to undergo imprisonment of five years R.I..”

Both the sentences were directed to run concurrently.

4. Feeling aggrieved by the judgment and order dated 22.09.1981 passed in Sessions Trial No. 480 of 1980, convicts/appellants, Puttan alias Shiv Shanker and Ram Chandra have filed Criminal Appeal No. 818 of 1981, whereas convict/appellant Lali alias Ram Shanker has filed Criminal Appeal No. 268 of 1984 against the judgment and order dated 16.03.1984 passed in Sessions Trial No. 336 of 1983.

5. It is pertinent to mention that during the pendency of the aforesaid criminal appeals, convict/appellant Lali alias Ram Shanker of Criminal Appeal No. 268 of 1984 died on 02.12.2018, hence his appeal stood abated vide order dated 30.01.2019.

6. Now, the instant Criminal Appeal No. 818 of 1981 filed on behalf of convicts/appellants Puttan alias Shiv Shanker and Ram Chandra is surviving and we proceed to decide the same.

7. The informant Chandra Shekhar (P.W.1) had lodged the F.I.R., alleging therein that in the year 1977, his son Kaushal Kishore was murdered by Puttan, Moti, Lali, Ram Chandra (accused) and others. The report of the said incident was registered by Hari Kishore (deceased) at police station Achalganj and Hari Kishore (deceased) was doing pairvi of the said case. The said case is still going on in Court. On account of fear, they are residing at Unnao.

It has further been alleged by Chandra Shekhar (P.W.1) that on 21.06.1980, he and his son Hari Kishore (deceased) had gone to village Padri Kalan to meet their relative, namely, Krishna Kumar Misra. On the next morning i.e. on 22.06.1980, he and his son Hari Kishore (deceased) were returning from roadways bus, bearing registration No. UTC 9646, from village Padri Kalan to Unnao. At about 9 a.m., the said bus stopped near the grove of one Rajju Shukl, which is one kilometer north from Padri Kalan, for boarding of the passenger and issuing tickets. All of a sudden, Puttan alias Shiv Shanker, son of Prayag Narayan (convict/ appellant no.1) armed with single barrel gun, Lali alias Ram Shanker (co-accused) son of Narayan Lodh, armed with katta (pistol), Moti Yadav (co-accused) armed with double barrel gun and Ram Chandra (convict/appellant no.2) armed with a pistol, entered the bus from its back door. After that, they dragged Hari Kishore (deceased) out of the bus, who was sitting near the rear gate of the bus and snatched his licensed gun and his bag containing 25 cartridges, gun licence, wrist watch and Rs. 150/-cash. After that, all the four accused persons fired upon Hari Kishore (deceased) with their respective we