Criminal Appeal No. 207 of 2007. Case: Bhagaloo Lodh and Anr. Vs State of U.P.. Supreme Court (India)
Case Number | Criminal Appeal No. 207 of 2007 |
Counsel | For Appellant: J.P. Dhanda and Atishi Dipankar) (NP), Advs. and For Respondents: T.N. Singh, Monoj Kumarr Dwivedi, R.K. Gupta, S.K. Diwivedi, Aviral Shukla, Abhinav Shrivastava and G.V. Rao, Advs. |
Judges | B.S. Chauhan and Swatanter Kumar, JJ. |
Issue | Indian Penal Code, 1860 - Sections 34 and 302; Criminal Procedure Code (CrPC), 1973 - Section 313 |
Citation | AIR 2011 SC 2292, 2011 (3) Crimes 10 (SC), JT 2011 (6) SC 498, 2011 (6) SCALE 505, 2011 (2) UC 1269, 2011 (4) UJ 2341 (SC) |
Judgement Date | June 14, 2011 |
Court | Supreme Court (India) |
Judgment:
B.S. Chauhan, J.
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This criminal appeal has been preferred against the judgment and order dated 28.4.2004 passed by the High Court of Judicature at Allahabad (Lucknow Bench) in Criminal Appeal No. 956 of 2002 dismissing the appeal against the judgment and order dated 12.7.2002 passed by the Sessions Court, Hardoi, in Sessions Trial No. 108 of 2000 convicting the Appellants and co-accused Bhagaloo Singh, under Sections 302/34 of Indian Penal Code, 1860 (hereinafter called as `IPC') and sentencing them to undergo rigorous imprisonment for life.
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Facts and circumstances giving rise to this case are that:
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An FIR dated 26.10.1999 was lodged by Rajesh Singh (PW.1) in Police Station-Tandiyanwan, Fatehpur District, Hardoi, against the Appellants and two other co-accused Ram Lakhan and Bhagaloo Singh that the said four accused had killed Vinod Kumar on 25.10.1999 at 9.00 P.M. Vinod Kumar, aged 22 years was friend of Raj Kumar, the son of Ram Lakhan, accused, and thus had visiting terms with the family. One day, when he went to the house of Ram Lakhan, accused, he saw Bhagaloo Singh, accused in compromising position with the daughter of Ram Lakhan, accused and reprimanded him. Bhagaloo Singh was living with Ram Lakhan, accused and helping him in his agricultural work. Bhagaloo Singh had told Vinod Kumar not to disclose the factum of his intimacy with the daughter of Ram Lakhan to anyone. Thus, a quarrel took place between the two and Bhagaloo Singh, accused threatened Vinod Kumar to face the dire consequences. It is in that consequence that the two Appellants, alongwith Ram Lakhan caught hold of Vinod Kumar (deceased) and Bhagaloo Singh gave several blows by a sharp edged weapon "Karauli". Vinod Kumar died immediately on the spot after having 12 injuries. There had been enmity in these groups of parties and there had been criminal cases between them.
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On the basis of the said FIR, Case Crime No. 155/1999 was registered under Sections 302/34 Indian Penal Code and investigation ensued. The dead body of Vinod Kumar was recovered and sent for post mortem examination. Buddhi Narain Lal (PW.5), Investigating Officer completed the investigation and submitted charge sheet under Sections 302/34 Indian Penal Code. All the four accused pleaded not guilty and claimed trial. Thus, they were put to trial under Sections 302/34 Indian Penal Code in Sessions Trial No. 108/2000.
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The prosecution in order to prove its case examined five witnesses, namely, Rajesh Singh (PW.1), Devi Gulam Singh (PW.2) as eye-witnesses, Dr. R.K. Porwal (PW.4), Constable Shailendra Singh (PW.3), and Buddhi Narain Lal, I.O. (PW.5). The accused also examined Jag Dev (DW.1) and Salim (DW.2) to prove alibi that the Appellants could not be present on the place of occurrence as they had been in their agricultural field.
After conclusion of the trial, the Sessions Court convicted and sentenced the Appellants along with Bhagaloo Singh under Sections 302/34 Indian Penal Code and sentenced them to undergo rigorous imprisonment for life vide...
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Criminal Appeal No. 441 of 1986. Case: Mahendra Singh Vs State of U.P.. High Court of Allahabad (India)
...is cogent, credible and trustworthy, it can, and certainly should, be relied upon. (Vide: Bhagalool Lodh and another v. State of U.P., AIR 2011 SC 2292; and Dhari and others v. State of U.P., AIR 2013 SC In State of Rajasthan v. Smt. Kalki and another,: AIR 1981 SC 1390, this Court held: "5......
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...that both of them are rustic women and not tutored witnesses. The Hon'ble Apex Court in the case (Bhagaloo Lodh v. State of U.P. 2011 (3) Crimes 10 (SC): 2011 (74) ACC 238 (SC): 2011 (103) AIC 1) has held in paragraph-18 as 18. Evidence of a close relation can be relied upon provided it is ......
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Cr. Appeal (D.B.) No. 794 of 2013. Case: Chitari Matha Vs The State of Jharkhand. Jharkhand High Court
... ... upon as has been held in the case of Bhagaloo Lodh and others vs. State of U.P., reported in ... in a criminal case and particularly in a murder case is a vital ... this point the prosecution has tried to build up its case further by examining P.W. 5. Though P.W ... been observed in para 22 by the Hon'ble Supreme Court that " ... the omission on the part of ... ...
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...is cogent, credible and trustworthy, it can, and certainly should, be relied upon. (Vide: Bhagalool Lodh & Anr. v. State of U.P., AIR 2011 SC 2292; and Dhari & Ors. v. State of U. P., AIR 2013 SC In State of Rajasthan v. Smt. Kalki & Anr. AIR 1981 SC 1390, this Court held: "5A. ......