Criminal Appeal No. 466 of 1980. Case: Sukhlal Vs State of U.P.. High Court of Allahabad (India)
| Case Number | Criminal Appeal No. 466 of 1980 |
| Counsel | For Appellant: P.N. Mishra and Y.K. Shukla, Adv.and For Respondents: A.G.A. and S.K. Dubey |
| Judges | Arun Tandon and Arvind Kumar Mishra-I, JJ. |
| Issue | Code of Criminal Procedure, 1973 (CrPC) - Sections 161, 313, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 377, 378, 382, 383, 384, 385, 385(1), 385(2), 386, 423(1); Indian Penal Code 1860, (IPC) - Sections 147, 148, 149, 302, 307 |
| Citation | 2014 (3) ACR 2637, 2014(5) ALJ 485, 2014 (86) ALLCC 425 |
| Judgement Date | May 30, 2014 |
| Court | High Court of Allahabad (India) |
Judgment:
Arvind Kumar Mishra-I, J.
1. The aforesaid Criminal Appeal arises out of judgment of conviction dated 29.1.1980 passed by Shri V.S. Agrawal, the then 3rd Additional Sessions Judge, Pilibhit in Sessions Trial No. 14 of 1979, Case Crime No. 77 of 1978, under sections 147, 148, 302/149, 307/149, I.P.C., Police Station Jahanabad, district Pilibhit, whereby the appellants Sukhlal and Lalman have been convicted under sections 148, 302/149 and 307/149, I.P.C. and sentenced to undergo two years' R.I., life imprisonment, and three years' R.I. respectively. Further the accused appellants Ram Swaroop, Devi Ram and Chhotey Giri have been convicted under sections 147, 302/149 and 307/149 I.P.C. and sentenced each of them to undergo R.I. for one year, life imprisonment and three years' R.I. respectively. All the sentences have been directed to run concurrently. The accused persons Liladhar son of Lauki, Kundan Lal, Piarey Lal, Roop Lal and Liladhar son of Bihari Lal were acquitted of the said charges levelled against them by the impugned judgment and order dated 29.1.1980.
2. It is relevant to mention here that in this appeal two accused appellants namely Sukhlal son of Moti Ram and Devi Ram son of Lalji, have already died during the pendency of this appeal hence their cases stood abated vide order dated 1.10.2012. Case of the surviving three appellants Lalman son of Jawahar, Ram Swaroop son of Liladhar and Chhotey Giri son of Pooran Giri for the purposes of this appeal is being considered by this Court.
3. We have heard the learned Counsel for the appellants and the learned AGA for the State.
4. The biggest impediment we are confronting in this appeal is that even after exploring all possible resources at our command, the Lower Court record - exhibit Natthi (prosecution papers)-could not be made available to us.
5. At the very outset it is relevant to mention that the entire Lower Court record is not available. The only Lower Court record available is the order sheets from 22.1.1979/29.1.1979 upto 29.1.1980, original judgment of Session Trial No. 14 of 1979 dated 29.1.1980, charge framing order and charges framed. Testimony of PW-1 to PW-7, statement recorded under section 313 Criminal Procedure Code of accused persons and testimony of Ram Dayal DW-1.
6. As per report received from District & Sessions Judge, Pilibhit Exhibit Natthi (prosecution papers) are not available. Thus the essential prosecution papers i.e. FIR, chik report, inquest report, post mortem examination report, site plan, charge-sheet, injury reports and G.D. etc. are missing. Although we explored all possible avenues to get the missing records reconstructed, but our endeavor did not deliver the required record. However, this particular aspect of the case relating to missing of the prosecution papers and its consequence will be considered by us at the appropriate stage.
7. The prosecution story, in a nutshell, as disclosed in the First Information Report is that Bhoop Ram and Brij Lal had a quarrel wherein Liladhar son of Lauki abused Chaturi Lal. A report in this connection was lodged by Smt. Mehki. On 22.5.1978 at about 12:00 noon, Sukh Lal, Ram Swarup, Kundan, Piarey, Devi Ram, Roop Lal, Chhotey Giri, Lalman and Liladhar son of Louki arrived at the house of Budhsen. Lalman and Sukh Lal were armed with Pharsa, Liladhar was armed with spear and Lalman was armed with pistol while other persons were armed with Lathis. They called out inmates of the house whereupon Budhsen and his father Chaturi Lal came out of the house. The accused persons exclaimed that they (Budhsen and Chaturi Lal) should be murdered whereupon Chaturi Lal ran towards field of Ghasi Ram. The accused persons chased him up to the field of Ghasi Ram and belaboured him. Chaturi Lal also wielded Lathi in his self defence. In the meanwhile Budhsen kept on shouting by hiding himself by the side of his house. Ghasi Ram, Mathura Prasad, Ganga Ram and Makhan came to the rescue of Chaturi Lal but they were also belaboured. In this struggle, Lalman, Sukh Lal, Ram Swarup, Chhotey also sustained injuries. On the side of the informant, Chaturi Lal, Ghasi Ram, Makhan Lal, Ganga Ram, Mathura Prasad and Triloki Devi sustained injuries. Chaturi Lal died on the spot due to the injuries caused to him but Ghasi Ram succumbed to his injuries subsequently in the hospital. The occurrence was seen by Munnal Lal, Bhudev and Liladhar son of Hemraj. They challenged the accused persons whereupon Lalman fired a shot from pistol when the witnesses ran away. Thereafter the accused persons also made their escape good. The injured persons were taken to the Police Station Jahanabad on a cart where Budhsen lodged the report on 22.5.1978 at about 2:30 p.m. which is Ext. Ka-1.
8. The first information report was noted down in the relevant chik and the case was registered against the accused persons and relevant entry was made in G.D. Ext Ka-2. Shiv Kishore Mishra, S.I. Immediately proceeded to the spot and saw the dead body of Chaturi Lal lying on the field of Ghasi Ram. He prepared inquest report, diagram of the dead body, challan of the dead body vide Ext. Ka-3 to Ka-5 respectively. The Investigating Officer also collected the blood stained soil and plain earth on the field where dead body of Chaturi Lal was recovered and prepared memo thereof Ext. Ka-6. The dead body of Chaturi Lal was sent to the mortuary in a sealed cover for post mortem examination.
9. Dr. V.P. Agrawal conducted the post mortem examination on dead body of Chaturi Lal on 23.5.1978 and prepared the report Ext. Ka-19. He found the following ante mortem injuries on the dead body:--
1. Incised wound 2 c.m. x 1 c.m. on the right side of abdomen.
2. Lacerated wound 1 c.m. x 1 c.m. on the dorsum of left foot in midde.
3. Contusion 4 c.m. x 2 c.m. on the outer aspect of left upper arm, lower third.
4. Incised wound 2 c.m. x 1 c.m. x bone cut on the back of head left side.
5. Incised wound 2 c.m. x 0.5 c.m. x muscle just below lower border of mandible.
6. Incised wound 2 c.m. x 1 c.m. x bone fractured on the left side of face.
7. Incised wound 1 c.m. x 1 c.m. x muscle on the left side face.
8. Incised wound 3 c.m. x 0.5 c.m. on the left side of face at the lower border of mandible.
9. Contusion 5 c.m. x 2 c.m. on the top and outer aspect of right upper arm.
10. Contusion 2 c.m. x 2 c.m. on the front aspect of left thigh upper part.
11. Contusion 8 c.m. x 2 c.m. on the front of left thigh.
The cause of death was reported to be shock and haemorrhage as a result of the aforesaid injuries.
10. At a distance of five steps from the dead body of Chaturi Lal, a Lathi was lying, recovery memo of which was made vide Ext. Ka-7. Thereafter further investigation was carried on by Muniraj Singh S.I. who completed rest of the formalities. He also went to the hospital but found that the witnesses were not in a position to make statement, therefore, he could interrogate only Budhsen and also Liladhar sort of Hemraj. He also interrogated some other persons on 23.5.1978 and recovered blood stained clothes of the injured persons. He also prepared site plan of the place of the occurrence vide memo Ext. Ka-8.
11. Since Ghasi Ram also succumbed to his injuries in the hospital, therefore, inquest report, diagram as well as challan of the dead body Exts. Ka-11 to Ka-13 were prepared on 23.5.1978.
12. In the meanwhile injured persons were medically examined by Dr. V.P. Agrawal, on 22.5.1978. He examined Ganga Ram, Ghasi Ram, Mathura Prasad, Makhan Lal and Smt. Triloki on 22.5.1978 between 6:30 p.m. to 7:20 p.m. and prepared their injury reports Exts. Ka-14 to Ka-18. Injuries of the aforesaid injured persons sustained on the side of the complainant as reported by the doctor are reproduced hereinbelow:
13. Injuries sustained by Ganga Ram on his person are as follows:--
1. Lacerated wound 4 c.m. x 1 c.m. x bone deep at the root of nose.
2. Lacerated wound 1.5 c.m. x 0.5 c.m. x skin on the right upper lip.
3. Lacerated wound 1.5 c.m. x 0.5 c.m. x skin on the chin in middle.
4. Ecchymosis 5 c.m. x 4 c.m. on the and around left eye.
5. Ecchymosis 6 c.m. x 4.5 c.m. around right eye.
6. Lacerated wound 3 c.m. x 1 c.m. x bone on the inner aspect and back of right middle finger.
Injuries sustained by Ghasi Ram on his person are as follows:--
1. Lacerated wound 5 c.m. x 1 c.m. x bone on left side of head.
2. Lacerated wound 4 c.m. x 0.5 c.m. x scalp on the right side of head.
3. Lacerated wound 5 c.m. x 0.5 c.m. x skin on the outer and middle of left upper arm.
Injuries sustained by Mathura Prasad on his person are as follows:--
1. Lacerated wound 8 c.m. x 1 c.m. x scalp on right side of head.
2. Lacerated wound 4 c.m. x 1.5 c.m. x skin on the back of right ear.
3. Lacerated wound 1.5 c.m. x 0.5 c.m. x muscle at the root of nose.
4. Contused swelling 13 c.m. x 4 c.m. on the outer and upper of left leg.
5. Contused swelling 12 c.m. x 4.5 c.m. on the outer and upper part of right leg.
Injuries sustained by Makhan Lal on his person are as follows:--
1. Lacerated wound 4 c.m. x 0.5 c.m. x bone on the right side of head.
2. Lacerated wound 7 c.m. x 0.5 c.m. x bone on the back of head right side.
3. Lacerated wound 1.5 c.m. x 0.3 c.m. x scalp on the right side of head.
4. Abraded contusion 8 c.m. x 3 c.m. back and middle of right side of...
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