Criminal Appeal No. 3144 of 1982. Case: Ranvir Singh and Ors. Vs State of U.P.. High Court of Allahabad (India)
| Case Number | Criminal Appeal No. 3144 of 1982 |
| Counsel | For Appellant: J.N. Chaturvedi, M.K. Shukla, R.K. Gaur and Ravinder Kumar Kaushik, Advs. and For Respondents: Govt. Advocate and Bharat Bhushan Pal, Advs. |
| Judges | H. G. Ramesh and S. B. Singh, JJ. |
| Issue | Arms Act, 1959 - Section 25; Code of Criminal Procedure, 1973 (CrPC) - Sections 107, 116, 117, 161, 313; Indian Penal Code 1860, (IPC) - Sections 147, 148, 149, 302, 307, 324 |
| Judgement Date | March 01, 2016 |
| Court | High Court of Allahabad (India) |
Judgment:
S. B. Singh, J.
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This criminal appeal calls in question the judgment and order dated 15th December, 1982 passed by the IXth Additional Sessions Judge, Agra in Sessions Trial No. 636 of 1980 (State Vs. Ranvir Singh and others) arising out of Case Crime No. 118 of 1980, under Sections 147, 148, 302 IPC, P.S.-Pinhat, District Agra, whereby the appellants/accused Pritam and Sultan have been convicted under Sections 148 and 302 IPC read with Section 149 IPC and have been sentenced to undergo imprisonment for life for having committed murder of Sarnam Singh punishable under Section 302 IPC read with Section 149 IPC and to rigorous imprisonment of two years for having committed rioting punishable under Section 148 IPC. By the same judgment appellants/accused Ranvir Singh, Ativir and Bhoori Singh have been convicted for the offences under Section 147 and Section 302 IPC read with Section 149 IPC and have been sentenced to undergo imprisonment for life under Section 302 IPC read with Section 149 IPC and to rigorous imprisonment of one year under Section 147 IPC. All the sentences have been ordered to run concurrently.
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The deceased Sarnam Singh and informant Umrao Singh are real brothers and residents of village Theekura, hamlet of Nagla Mahamai, P.S.-Fatehabad, District Agra. All the appellants-accused are also residents of the same village.
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The brief facts leading to prosecution of the appellants are as follows:
On 17.05.1980 at about 6 p.m., when the deceased Sarnam Singh was returning to his village from Agra after Pairvi of some case and reached the path-way in between the fields of Matadin and Balvir Singh within village Theekura all the accused surrounded him. Accused Pritam and Sultan were equipped with 'pharsas' and the remaining accused namely Ranvir, Ativir and Bhoori Singh with lathies' in their hands. They lashed out at the deceased Sarnam Singh that he had beaten their buffalo-she-calf and that they would teach him a lesson. Thereafter, all the five accused assaulted Sarnam Singh with their weapons and caused multiple injuries on his person. On an alarm raised by the deceased Sarnam Singh, PW 4 Umrao Singh, PW 5 Kalyan Singh along with Brijendra Singh, Shiv Singh and other villagers reached the spot and challenged the accused. Thereafter, the accused fled away from the scene of occurrence threatening that they would see the deceased again, if he survived by chance.
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The deceased Sarnam Singh was in a shocked state of mind, so a written report of the entire occurrence was dictated to one Gajendra Singh by PW 4 Umrao Singh. With the help of PW 4 Umrao Singh, PW 5 Kalyan Singh and other villagers, the deceased Sarnam Singh was taken to the police station and the above written report submitted thither. On the basis of the above report, the First Information Report (Ext. Ka-1) was registered and an entry was made in G.D. (Ext. Ka-2) on 18.05.1980 at 12.05 a.m. PW 6, S.I. Devendra Kumar Gautam recorded the statement of the deceased Sarnam Singh under Section 161 Cr.P.C. at the police station and thereafter Sarnam Singh was sent to the Primary Health Centre, Fatehabad for treatment. As his condition was serious, the attending doctor P.W. 2, Dr. G.S. Katara referred him to the District Hospital, Agra for proper treatment. He was brought to the District Hospital, Agra at about 4 a.m. where he succumbed to the injuries. Information of his death was given to the Station Officer, Rakabganj. On the information so received the case was altered from the offence under Section 307 IPC to 302 IPC vide entry in G.D. on 19.05.1980 at 6.15 a.m. by P.W. 1, Constable Clerk Gera Lal.
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After conversion of the case, S.I. Prem Pal Singh visited the Mortuary at District Hospital, Agra and held inquest. The corpse was sealed and sent for autopsy with other necessary papers connected therewith. Autopsy was conducted by PW 3 Dr. M.K. Rawat, Medical Officer, District Hospital, Agra on 18.05.1980 at about 5.40 p.m. and he had noted the following ante-mortem injuries on the person of the deceased.
(i) Incised wound 1" x 2/10" x scalp deep on the head.
(ii) Incised wound 3 1/2" x 4/10" x scalp deep on the head, semi-circular in shape.
(iii) Lacerated wound 1/2" x 3/10" x scalp deep on the head.
(iv) Lacerated wound 1/2" x 2/10" x bone deep on the root of the left ear.
(v) Lacerated wound 1" x 4/10" x skin deep on the forehead.
(vi) Abrasion 1 1/2" x 3/10" on the cheek near the nose.
(vii) Multi-abrasion in an area of 6" x 3" on the right forearm.
(viii) Contusion 8" x 3 1/2" on the left arm.
(ix) Abrasion 1/2" x 4/10" on the left forearm.
(x) Contusion 8" x 4" on...
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