Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(All) 2698

HIGH COURT OF JUDICATURE AT ALLAHABAD
SIDDHARTH VARMA, RAM MANOHAR NARAIN MISHRA, JJ.
Devendra Kumar @ Jhunna And Others - Appellants
Versus
State of U.P. – Respondent
Criminal Appeal No. 2696 of 1981, Criminal Appeal No. 660 of 1984
Decided On : 21-01-2025

Advocates Appeared:
For the Appellants : S.S. Tewari, Ajay Kumar Pandey, K.K. Srivastava, Roshan Khan, Satish Trivedi, Rajendra Singh Sengar, Rajesh Dwivedi.
For the Respondent: DGA, Mayank Bhushan.

The court reaffirmed the importance of eyewitness testimony and motive in establishing guilt in a murder case, while also addressing the juvenility of certain accused under relevant acts.

Headnote:(A) Indian Penal Code, 1860 - Sections 147, 148, 302/149, 325/149 and 323/149 - Multiple appellants were convicted for the murder of Sheo Narain resulting from an attack with various weapons, motivated by previous enmity over a prior murder case. Sentences included life imprisonment and rigorous imprisonment. (Paras 1-5, 86-90)

(B) Criminal Procedure Code, 1973 - Section 313 - Acknowledgment of prior convictions and motives of existing animosity among co-accused and informants was significant in establishing the context of the case. (Paras 60, 61)

(C) Juvenile Justice (Care and Protection of Children) Act, 2015 - The juvenility of two of the accused was confirmed, modifying their sentences as per juvenile standards. (Paras 65-90)

Facts of the case:
The incident occurred in 1976 when the deceased, Sheo Narain, was attacked by a group of accused in connection with prior enmities. The victims’ family members were also harmed during the attack. Court records displayed evidence of fatal injuries inflicted on the deceased. (Paras 7-9)

Findings of Court:
The trial court's convictions of the appellants were upheld based on sound reasoning and corroborated evidence from key witnesses, including the injured informant and wife of the deceased. Their testimonies were bolstered by medical evidence confirming the extent of injuries sustained. (Paras 73-80)

Issues: The main issues addressed were the veracity of witness testimonies in light of historical animosities and determinations of juvenility concerning two accused individuals.

Ratio Decidendi: The court reaffirmed that overwhelming corroborative evidence supported the prosecution’s case, emphasizing the reliability of eyewitness accounts and the established motive of animus towards the deceased's family based on prior convictions. Convictions were upheld, with adjustments made for juvenile offenders, ensuring the inquiry followed statutory mandates for juvenile treatment. (Paras 81-89)

Result: Partly allowed; juvenile sentences quashed; convictions affirmed for remaining appellants.

JUDGMENT :

(R.M.N. Mishra, J.)

1. Criminal Appeal No.2696 of 1981 has been preferred against the judgment and order dated 19.11.1981 passed by VIIth Additional Sessions Judge, (Non- Metropolitan Area) Kanpur Nagar in S.T. No.75 of 1977 and S.T. No.304 of 1977, and Criminal Appeal No.660 of 1984 arose out of judgment and order dated 18.01.1984 passed in S.T. No.75 of 1977, in both the session trials. All the nine appellants have been convicted for charge under Section 147 , 148, 302/149, 325/149 and 323/149 IPC , P.S. Derapur, Kanpur.

2. In S.T. No. 75 of 1977 appellant Devendra Kumar alias Jhunna, Jia Lal alias Dadu, Avdhesh and Smt. Ram Piari and in S.T. No.304/1977 accused Ram Pratap, Bhuneshwar, Bhanu Pratap alias Laluna, Shiv Das and Krishna Kumar alias Chuttan were sentenced to undergo imprisonment for life for charge under Section 302 /149 IPC . They were also found guilty for charge under Section 325 /149 Cr.P.C., for which they were sentenced to one year’s rigorous imprisonment. They were further sentenced to six months rigorous imprisonment under Section 323 /149 IPC . Accused Devendra Kumar alias Jhunna, Shiv Das, Krishan Kumar Chuttan were sentenced to one years rigorous imprisonment for charge under Section 147 IPC and accused Ram Pratap, Avdhesh, Bhunesh, Dadu and Lalauna were sentenced to one years rigorous imprisonment under Section 148 IPC .

3. Accused Smt. Ram Piyari was sentenced to life imprisonment for charge under Section 302 /149 IPC , one year simple imprisonment for charge under Section 325 /149 IPC , six months imprisonment for charge under Section 323 /149 IPC and one year simple imprisonment for charge under Section 147 IPC . All the sentences were directed to run concurrently.

4. Criminal Appeal No.660 of 1984 arose against the judgment and order dated 18.01.1984 passed by Learned IVth Additional Sessions Judge, Kanpur Dehat in S.T. No.75A of 1977, whereby appellant Rajmun was convicted of charge under Sections 148 , 302/149, 325/149 and 323/149 IPC . Accused Rajmun is sentenced to life imprisonment for charge under Section 302 /149 IPC , one year rigorous imprisonment for charge under Section 148 IPC , one year rigorous imprisonment for charge under Section 325 /149 IPC and six months rigorous imprisonment for charge under Section 323 /149 IPC .

5. Both the criminal appeals have arisen out of conviction of appellants for the same offence having arisen out of Case Crime No.118 of 1976, under Sections 147 , 148, 302/149, 323/149 and 325/149 IPC , PS. Derapur, Kanpur. As both the criminal appeals have arisen out of same incident and offence and all the appellants have been implicated as co-accused during the trial, both the appeals have been clubbed together and are being decided by a common judgment. The appellants were released on bail by orders of these Criminal Appeals on direction of this court in their respective criminal appeals.

6. Heard Sri Ajay Kumar Pandey, learned Amicus Curiae on behalf of the appellants, Sri Rahul Asthana, learned A.G.A. for the State and perused the material available on record.

7. The brief facts of the case as culled out from the case of prosecution are that on 29.06.1976 at around 12:00 hours in the day, when the deceased Sheo Narain who was the brother of informant Lalaram was going to his house to take meal from his shop, the accused persons namely Avdhesh, Ram Pratap, Bhuneshwar were armed with spears (Barchhai) , Dadu, Lalauna, Rajmun were carrying (Tabbals), Shiv Das, Jhunna, Chuttan and Smt. Ram Piari carrying lathis, all belonging to informant’s village waylaid the deceased and started attacking him by their respective weapons. The deceased raised an alarm, the informant and Smt. Vimla wife of deceased rushed to the spot to rescue the deceased. The accused persons also gave beating to the informant and Smt. Vimla , wife of the deceased. In the meantime, witnesses Jagdish Narain, Ram Chander, Nanhey, Asharfi Lal, Mahadev challenged the accused whereupon they r