Babloo @ Ranjeet Singh vs State of U. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2543

IN THE HIGH COURT OF ALLAHABAD
ARVIND KUMAR MISHRA -I, SARAL SRIVASTAVA, JJ.
Babloo @ Ranjeet Singh - Appellant
Versus
State of U.P. - Respondent
CRIMINAL APPEAL NO. 3426 OF 2010.
Decided On : 18-01-2023

Advocates appeared:
For the Appellant : Apul Misra, P.N. Misra, Raghuvansh Misra.
For the Respondent:Govt. Advocate, I.K.Uppadhyay.

Headnote:(A) Indian Penal Code, 1860 - Section 302 - Criminal Appeal against conviction for murder - Appellant convicted and sentenced to life imprisonment under Section 302 IPC - Conviction based on eye-witness testimony and medical evidence linking the appellant to the crime - The trial court judgment upheld. (Paras 2, 12, 38)

(B) Evidence - The prosecution established the appellant's motive for the crime through inconsistent testimony of witnesses regarding circumstances leading to the incident. (Paras 14, 25)

(C) Witness Account - The presence and reliability of fact witnesses were scrutinized, with the court upholding their credibility against allegations of collusion. (Paras 22, 36)

Facts of the case:
The appellant, motivated by dissatisfaction over a monetary distribution after selling a mango grove, blocked access to the deceased's house and attacked him with a 'Sabbal,' resulting in fatal injuries. The incident was reported shortly after it occurred, leading to the appellant's trial for murder. (Paras 3, 21)

Findings of Court:
The evidence presented by the prosecution, including witness testimony and medical examination, was found sufficient to uphold the conviction for murder, leading to the affirmation of the life sentence. (Paras 26, 38)

Issues: The court addressed whether the prosecution successfully proved the charge of murder under Section 302 IPC beyond a reasonable doubt, amid claims of false implication and witness reliability. (Paras 20, 34)

Ratio Decidendi: The appeal was dismissed as the evidence, particularly the witnesses' consistent accounts, demonstrated the appellant's guilt, while the defense's claims of collusion were unsupported. The court maintained that the appellant could not benefit from his wrongful acts leading to the victim's death. (Paras 19, 36)

Result: Appeal dismissed.

Table of Content
1. facts of the incident and prosecution's case. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9)
2. defence argument questioning witness reliability. (Para 11 , 14 , 15 , 16 , 17 , 18 , 19)
3. court analysis on evidence and witness credibility. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33)
4. legal evaluation of intent and culpability. (Para 35 , 36)
5. final decision and dismissal of the appeal. (Para 38 , 39 , 40 , 41)

JUDGMENT

Arvind Kumar Mishra-I, J.

Heard learned counsel for the appellant as well as learned A.G.A. for the State and perused the material brought on record.

2. The instant appeal has been preferred against the judgement and order of conviction dated 01.05.2010 passed by the Special/Additional Sessions Judge, Ballia in Session Trial No.187 of 2008, arising out of Case Crime No.93 of 2008, under Section - 302 I.P.C., Police Station - Nagra, District - Ballia, whereby the appellant has been convicted and sentenced to undergo imprisonment for life under Section - 302 I.P.C., coupled with fine Rs.3,000/- in default of payment of fine, two years additional rigorous imprisonment.

3. Factual matrix of this case as discernible from record, proceeds on facts that Smt. Suman Singh, wife of deceased-Kailash Singh lodged a written report against accused-Bablu @ Ranjeet Singh, son of Sri. Virendra Singh, resident of Village - Deoria, Police Station - Nagra, District - Ballia at Police Station-Nagra, District - Ballia at 10:20 a.m. on 10.06.2008 regarding the incident, which took place in her Village - Deoria in District - Ballia, located about four kilometers north-east of the police station to the import that there is one mango grove in partnership owned by the informant as well as Virendra Singh and Doodh Nath Singh. Mango of that grove was sold out for Rs.1,500/- and Virendra Singh had decided that out of aforesaid Rs.1,500/-, Kailash Singh will get Rs.600/-, Doodh Nath Singh will get Rs.500/- and Bablu Singh (son of Virendra Singh) will get Rs.400/- and the money was distributed among them accordingly. Bablu alias Ranjeet Singh was annoyed over it as he received lesser money Rs.100/- than the two others. To express his anguish he created hurdle in the way in the free egress and ingress to the house of the deceased-Kailash Singh by fixing bamboo sticks on the soil in front of his house. The informant's husband, Kailash Singh in the meanwhile returned from his field, he saw the hurdle so created and began to remove the bamboos, when the appellant Bablu alias Ranjeet Singh, who appeared on the scene possessing a 'Sabbal' in his hands caused blow with it on the neck of Kailash, due to which, he fell down, when Bablu alias Ranjeet Singh assaulted Kailash Singh with 'Sabbal' on his chest. The informant and the co-villagers tried to take the injured to the Nagra hospital but the injured died on way to the hospital. The incident was alleged to have occurred at 09:00 a.m. (on 10.06.2008).

4. A case was registered at Police Station - Nagra against the appellant-Bablu alias Ranjeet Singh and concerned Check F.I.R. (Ext. Ka-3) was prepared at Case Crime No. 93 of 2008, under Section - 304 I.P.C. On the basis of the entry made in the check F.I.R., relevant entry was also made in the concerned General Diary at Serial No.20 of the aforesaid date at 10:20 a.m. at aforesaid police station - Nagra at aforesaid Case Crime No.93 of 2008, under Section - 304 I.P.C. and a case was registered against appellant-Bablu alias Ranjeet Singh.

5. Consequently, the investigation ensued and was entrusted to P.W.6- Vijay Bahadur Singh. Relevant to mention that after the report had been lodged, Ramesh Chandra Mishra P.W.7 rushed to the spot with relevant papers at P.H.C. Nagra for preparation of inquest report of deceased-Kailash Singh,- son of Jai Mangal Singh and completed the task at 12:05 hours on 10.06.2008. The same has been proved by the aforesaid witness as Ext. Ka-7. Apart from inquest report, he has also proved pre