Allahabad High Court
State Of U.P. vs Ram Gopal And Others on 13 December, 2013
Bench: Dharnidhar Jha, Pankaj Naqvi
HIGH COURT OF JUDICATURE AT ALLAHABAD
A.F.R.
Court No. - 42
Govt. Appeal No. - 838 of 2006
Appellant :- State of U.P.
Respondent :- Ram Gopal and others
Counsel for Appellant :- A.K. Srivastava, AGA
Hon'ble Dharnidhar Jha,J.
Hon'ble Pankaj Naqvi,J.
1. We have heard Sri A K Srivastava, the learned AGA on the admission of the present appeal, which is directed against judgment of acquittal dated 26.10.2005, passed by Fast Track Court No. 1, Jhansi in Sessions Trial No. 32 of 2002.
2. The prosecution case was that the informant along with his two sons Roop Singh and Veer Singh were sitting at their darwaja when the respondents led by Smt. Krishna came and wanted to know from them as to why they were desirous of filing the nomination papers. The accused persons were armed with lathi, kulhadi and brick pieces. Roop Singh is stated to have replied that it was an election and he was desirous of filing the nomination papers and whoever was the successful candidate, was to be decided by the election, upon which it is stated that the accused persons started dealing blows, as a result of which, Veer Singh, Roop Singh and Manjan were seriously injured in their heads. Four days after the incident, Roop Singh succumbed to the injuries and, as such, the case was registered under Sections 304, 323, 326 & 506 IPC.
3. The defence has its own version that during election, it appears that there was a free fight between the parties and one of the accused, namely, Arvind was also seriously injured and a case was also lodged by them.
4. The learned trial Judge on consideration of the evidence of the witnesses found that it was indeed a free-fight and there was no act done with an intent or knowledge of causing such bodily injury, which could in all probability should have resulted into death, rather the voluntary act was only meant to had its effect of causing serious grievous injury and it was altogether a different thing that Roop Singh died. The learned trial Judge also found that a free-fight had occurred at a place situated between the houses of the two sides and, as such, both the sides had come out of their respective citadels to set up a fight so as to recording a show down against his opponent.
5. We refer to Gajanand And Ors. vs State Of Uttar Pradesh AIR 1954 SC 695 in which the Supreme Court had considered an earlier decision of the Lahore High Court to point out that in a case of free-fight, there is no sharing of common intention nor there is any unlawful assembly having any common object to be prosecuted by any member or all of the members of such assembly. The only motto of one party is to record a win over his adversary and, as such, to fight it out between themselves without having any particular target of assaulting anyone or dealing blows to any particular individual. It is a free slugging out by members of both the sides with the only motto of showing down upon his adversary and getting an upper hand through that particular fight. This is the reason in a case of free fight, no one could be convicted to one particular offence to which he could have been charged with and, for, there is a loss of intent and knowledge, the individual act has to be read and conviction has to be recorded accordingly.
6. We find from the perusal of the impugned judgment that the learned trial Judge has scanned the evidence properly and has rightly found that there was no knowledge or intent of causing any harm to any particular individual in the free fight, which had ensued between the parties and it could be an individual act of the member of one of the parties or the other and, as such, convicted the accused persons under Section 323/325 IPC.
7. After having gone through the impugned judgment, we are of the considered view that there is no ground to interfere with the judgment of acquittal. In the result, we refuse the leave of the Court to appeal and dismiss the government appeal.
Order Date:- 13.12.2013
Chandra
(Pankaj Naqvi,J) (Dharnidhar Jha,J)
