Criminal Appeal No. 213 of 1983. Case: Manna Singh and Ors. Vs State of U.P.. High Court of Allahabad (India)
| Case Number | Criminal Appeal No. 213 of 1983 |
| Counsel | For Appellant: R.P. Singh and S.L. Singh, Advs. and For Respondents: D.G.A. |
| Judges | H. G. Ramesh and S. B. Singh, JJ. |
| Issue | Code of Criminal Procedure, 1973 (CrPC) - Section 107; Indian Penal Code 1860, (IPC) - Sections 302, 34 |
| Judgement Date | January 06, 2016 |
| Court | High Court of Allahabad (India) |
Judgment:
S. B. Singh, J.
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This appeal challenges the judgment and order dated 14.01.1983 passed by 2nd Additional Sessions Judge, Hamirpur in S.T. No. 60 of 1979 (State Vs. Manna Singh and others) arising out of Case Crime No. 205 of 1978, under Section 302 IPC, P.S. Sumerpur, District Hamirpur, whereby the accused appellants namely Manna Singh, Ganpat Singh, Lallu Singh and Subedar Singh have been convicted and sentenced to undergo imprisonment for life under Section 302 read with Section 34 IPC.
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In pursuance of the order of this Court dated 07.05.2015, a report has been submitted by learned C.J.M. Hamirpur on 22.05.2015, mentioning therein that the appellant No. 2 Ganpat Singh and appellant No. 3 Subedar Singh have died, therefore, the appeal filed on behalf of appellant Nos. 2 and 3 stand abated.
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The deceased Ram Sanehi Singh son of Bhagwan Deen Singh was resident of village Pachkhura Mahan within the jurisdiction of Police Station Sumerpur, District Hamirpur. Accused Manna Singh, Ganpat Singh @ Mihi Lal and Subedar Singh are real brothers and accused Lallu Singh is their cousin and all of them are residents of the same village.
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The prosecution case, in brief, is that before the date of incident the deceased Ram Sanehi Singh had purchased a 'Bakhri' (house) of one Jaitpal Khori, a portion of which was in possession of accused Manna Singh. The dispute led to a prolonged civil litigation which terminated in favour of the deceased. Manna Singh was upset by this judicial defeat, his ego was lacerated and the fire of revenge was smouldering in his heart. On 09.12.1978 after mid-day meal Binda Singh, Manni Lal Shukla @ Manni, Chhote Singh and the deceased Ram Sanehi Singh were basking in the sun and playing cards sitting on the eastern 'chabutra' situate in front of the house of Manni Lal Shukla. At about 1.30 p.m. accused Manna Singh armed with a double barrel gun, Ganpat Singh @ Mihilal with a rifle, Lallu Singh with a single barrel gun came there and watched the play for a while. In the meantime, Subedar Singh armed with a 'Lathi' also reached there from the western side and exhorted the other accused to eliminate the enemy as it was a good opportunity. Thereupon, all the gun men rained multiple gun shots on Ram Sanehi Singh. Several shots were fired from a very close range which grievously wounded Ram Sanehi Singh and he succumbed to the injuries then and there. Manni Lal Shukla, Binda Singh and others entreated the accused to forbear but they were intimidated by the accused with dire consequence. After commission of the murder all the accused escaped towards the west. At the time of incident Raja Bhaiya Singh son of the deceased was at his door. The sound of gun shots hijacked his attention and he along with Pratap Singh and Lallu Singh rushed towards the scene of occurrence and on his way witnessed the four accused, with their weapons, fleeing away by the same pathway. Raja Bhaiya Singh saw the corpse of his father lying in a pool of blood on the 'chabutra' of Manni Lal Shukla. Manni Lal Shukla and others playing the cards narrated the details of the incident to him and he went back to his house and scribed the report Ext. Ka-2 and transmitted the same through Sheo Prasad, Chowkidar of the village, to the reporting Chowki Surauli of the Police Station Sumerpur. The written report was submitted at 5.30 p.m. on the same day at Police Chowki Surauli situate at a distance of about three miles from the village. The written report was received by constable Moharrair Jodha Singh who prepared the Chik report Ext. Ka-4 and registered the crime at serial number 9 of the General Diary Ext. Ka-5. The information of the crime was sent to Shri Babu Singh Sengar, Station Officer, through Constable Govind Ram and Constable Moharrair Jodha Singh left for the scene of occurrence to keep vigil over the corpse. Information of the crime was received by the Station Officer the next day in village Terha, wherefrom he proceeded to the place of incident direct. He held inquest at 8.30 A.M. on 10.12.1978 vide Ext. Ka-6, inter alia, recovered the dead body of the deceased and two blood-stained playing cards lying under the corpse of the deceased, plain and bloodstained earth, tiklies of cartridges and pellets from the spot and prepared a memo ext. Ka-7. Photo of the dead body Ext. Ka-8 and challan of the corpse ext. Ka-9 were prepared. The corpse was sealed and sent for autopsy. Statements of the witnesses were recorded and a site plan Ext. Ka-10 was prepared. Autopsy on the corpse was conducted by Dr. T.D. Singh of District Hospital, Hamirpur on 11.12.1978 from 10.15 A.M. onward and the autopsy report is Ext. Ka-1.
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The following ante mortem injuries were found on the person of...
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