Allahabad High Court
Tej Pal Singh vs State Of U.P. & Others on 27 November, 2017
Bench: Prabhat Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?A.F.R.
Court No. - 17
Case :- CRIMINAL REVISION No. - 121 of 2004
Revisionist :- Tej Pal Singh
Opposite Party :- State Of U.P. & Others
Counsel for Revisionist :- Rajesh Pathik
Counsel for Opposite Party :- Govt. Advocate,K.D. Tiwari
Hon'ble Prabhat Chandra Tripathi,J.
Case called out. Sri Ashish Kumar, Advocate holding brief of Sri Rajesh Pathik, learned counsel for the revisionist and learned A.G.A. for the opposite party nos. 1 and 2 are present. None responds on behalf of opposite party nos. 3 to 8.
Heard learned counsel for the revisionist, learned A.G.A. for the opposite party nos. 1 and 2 and perused the record.
The instant criminal revision has been preferred to enhance the sentences awarded to the accused persons-opposite party no. 3 Samarpal, opposite party no. 4 Hind Veer, opposite party no. 5 Satendra, opposite party no.6 Rishi Pal, opposite party no. 7 Dhan Singh and opposite party no. 8 Raj Veer, who were held guilty under Sections 364, 342, 352, 323, 386, 342//34 and 364 I.P.C.
The accused persons-opposite party no. 3 Samarpal, opposite party no. 4 Hind Veer, opposite party no. 5 Satendra were convicted and sentenced under Section 364 I.P.C. for three years Rigorous Imprisonment with fine of Rs. 50,000/- and in case of default of payment of fine, six months additional imprisonment, under Section 342 I.P.C. they were awarded sentences of six months Rigorous Imprisonment with fine of Rs. 1000/- and in case of default of payment of fine, two months additional imprisonment, under Section 352 I.P.C. they were awarded sentences of one month Rigorous Imprisonment with fine of Rs. 500/- and in case of default of payment of fine, one month additional imprisonment, under Section 323 I.P.C. they were awarded sentences of six months Rigorous Imprisonment with fine of Rs. 1000/- and in default of payment of fine, one month additional imprisonment, under Section 386 I.P.C. they were awarded sentences of three months Rigorous Imprisonment with fine of Rs. 10,000/- and in case of default of payment of fine, one year additional imprisonment respectively. The accused persons-opposite party no.6 Rishi Pal, and opposite party no. 7 Dhan Singh were convicted and sentenced under Section 342/34 I.P.C. for six months Rigorous Imrisonment with fine of Rs. 1,000/- and in case of default of payment of fine, one month additional imprisonment respectively. The accused person-opposite party no.8 was convicted and sentenced under Section 364 I.P.C. for two years Rigorous Imprisonment with fine of Rs. 10,000/- and in case of default of payment of fine, one year additional imprisonment. All the sentences were directed to run concurrently and the period of imprisonment which have already undergone by the accused persons, shall be adjusted in this period of awarded sentences. This order was passed by the court of learned Special Sessions Judge (N.D.P.S. Act), Moradabad vide it's judgment and order dated 20.12.2003 passed in Sessions Trial No. 180 of 2000-State Vs. Samarpal and others, arising out of case Crime No. 27 of 1999, under Sections 364, 342, 386, 323, 506, 352 I.P.C., Police Station Asmauli, District Moradabad.
Learned counsel for the revisionist has argued that the accused persons were real nephews of PW-2 Bhagwan Singh, who owned 12 Bighas of agricultural land and in order to grab the agricultural land owned by PW-2 Bhagwan Singh, uncle of the accused persons, such ghastly crime was committed by the accused persons. There were several injuries on the body of PW-2 Bhagwan Singh and the case of revisionist is supported by oral testimony of PW-5 Ashok Kumar, Sub Registrar.
Learned A.G.A. has vehemently opposed the arguments of learned counsel for the revisionist.
I have perused the impugned judgment and order dated 20.12.2003 passed by learned Special Sessions Judge (N.D.P.S. Act), Moradabad also. The injuries which were found on the body of PW-2 Bhagwan Singh are enumerated as below:-
(1) Contusion brown colour 15 cm x 7 cm on the left side of chest/ outer side 10 cm from the left Nipple.
(2) Reddish brown colour abrasion 4 cm x 4 cm in the middle of hip.
(3) Reddish brown colour abrasion 3 cm x cm on the left hip region.
(4) Reddish brown colour abrasion 7 cm x 1 cm on the front side of left in a small region, swelling was present all around in the area of 15 cm. x 7 cm. at the distance of 18 cm from the left knee.
(5) Complain of pain on the back but no visible injury was seen. All the injuries were simple in nature- Injury no. 1 was caused by some blunt object and injury nos. 2, 3 and 4 were caused by friction of some rough and hard object. The injuries were found 2-3 days old.
Moreover, the accused persons were not apprehended on the spot. There was delay in lodging of the F.I.R. and no plausible explanation was given for the same. It has been observed by the learned trial court Judge that the accused persons and informant PW-1 Tejpal Singh and PW-2 Bhagwan Singh were members of the same family tree.
After considering the entire circumstances, the learned trial court Judge awarded the sentences as stated above. The view taken by the learned trial court Judge is reasonable and based on cogent and ordinary course of events. No interference is warranted at this stage.
Moreover, in the revisional jurisdiction, no interference is postulated in the factual findings and observations.
In view of the above, the impugned judgment and order dated 20.12.2003 passed by learned Special Sessions Judge (N.D.P.S. Act), Moradabad suffers from no illegality, irregularity or perversity. The revision sans merits and is liable to be dismissed.
The revision is dismissed on merits.
Order Date :- 27.11.2017
Rmk.
