Ram Prasad vs State
2018 Latest Caselaw 3694 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?A.F.R. 
 
Court No. - 41
 

 
Case :- CRIMINAL APPEAL No. - 1302 of 1992
 

 
Appellant :- Ram Prasad
 
Respondent :- State
 
Counsel for Appellant :- Anil Kumar Sharma
 
Counsel for Respondent :- Dga
 

 
Hon'ble Harsh Kumar,J.

The appeal has been filed against the judgment and order dated 30.6.1992 passed by Vth Additional District and Sessions Judge, Etawah in S.T. No.114 of 1988 by which the accused appellants were convicted for the offences under Sections 147, 148, 323/149, 325/149 and 452 I.P.C. and sentenced accordingly.

The brief facts relating to the case are that F.I.R. was lodged by Kalyan Singh on 10.11.1986 at 11.30 a.m. at Case Crime No.75 of 1986 under Sections 147, 148, 149, 307, 452, 336, 323, 324, 504, 506, IPC & 27 Arms Act P.S. Shayal, District Etawah against the accused appellants with the allegations that

"Today at 7.30 a.m. all the accused persons formed unlawful assembly and armed with deadly weapons in furtherance of common object of the unlawful assembly entered the house of first informant and caused multiple grievous injuries to Putai Singh, Smt. Bitola Kunwar, Kalyan Singh, Nanhey Singh and Subedar Singh and others".

Upon investigation, charge sheet was submitted against them under Sections 147, 148, 149, 307, 452, 336, 323, 325, 504, 506 IPC & 27 Arms Act and case was committed to sessions where charges were framed after completion of prosecution evidence the statements of accused persons were recorded under section 313 Cr.P.C. and after hearing parties counsel, learned trial court held the accused persons guilty and convicted the accused appellants Ram Prasad and Kanauji Lal for the offences under Section 147, 323/149, 325/149 and 452 I.P.C. while convicted rest accused Har Bilas, Sri Ram, Naresh, Ram Narain, Dibari Lal, Naresh son of Dwarika and Puttan Ali for the offences under Sections 148, 323/149, 325/149 and 452 I.P.C.

The accused persons were sentenced with rigorous imprisonment for a period of six months under Section 147 I.P.C. for a period of one year under Section 148 I.P.C. for a period of 6 months under Section 323/149 I.P.C. and for a period of 3 years under Section 325/149 I.P.C. for a period of 3 years for the offence under Section 452 I.P.C.

During pendency of appeal, appellant no.1 Ram Prasad Kori, appellant no.5 Kanauji Lal and appellant no.6 Ram Narain were reported to have died and appeal in respect of them was abated vide order dated 2.5.2018.

Learned counsel for surviving appellant nos.2, 3, 4, 7, 8 and 9 Shri V.K. Agnohotri submits that the accused appellants  have been falsely implicated due to village party bandi and enmity; that the F.I.R. has been lodged with false and incorrect allegations; that it is wrong to say that the appellants formed  unlawful assembly and caused injuries to any person on the side of prosecution rather in furtherance of common object of such assembly the prosecution party assaulted and caused injuries to accused persons; that otherwise also in the incident in question simple injuries are alleged to have sustained by the prosecution persons and no case under Section 325 or 148 I.P.C. is made out against the appellants. 

Lastly, the learned counsel for appellants submitted that the incident in question is alleged to have taken place on 10.11.1986 about 32 years back over a petty dispute between the villagers and accused appellants were aged between 35 - 50 years at the time of recording their statements under Section 313 Cr.P.C. who have attained the age of around 55 years and above, and so even in case the Court comes to the conclusion that they were guilty of the offences since they have remained in custody during trial for few days, and were granted bail in this appeal on 27.7.1992, their sentence be reduced and converted into fine.

Per contra learned A.G.A. supported the impugned judgment and order of conviction and contended that all the 9 accused persons, formed unlawful assembly and armed with deadly weapons in furtherance of common object of unlawful assembly entered the house of first informant and assaulted them causing multiple injuries to Kalyan Singh, Putai Singh, Subedar Singh, Nanhe Singh and Smt. Bitola Kunwar which were duly proved by the Medical Officer Dr. S.N. Awasthi; that the accused persons made a false defence that the prosecution persons committed marpeet with some of the accused persons which has been found to be false; that the prosecution has proved the case against the accused persons beyond reasonable doubt; that no doubt that the matter relates to 32 years old but since the accused persons have caused simple as well as multiple grievous injuries to as many as 5 persons, the learned trial court has rightly held them guilty and sentenced them reasonably with a maximum period of 3 years simple imprisonment.

Upon hearing parties counsel and perusal of record, I find that in the incident in question as many as 5 persons sustained multiple injuries at the hands of accused appellants, the learned trial court has analyzed and discussed the prosecution evidence in detail and has given cogent reasons in favour of conviction.  There is consistency in the statements of prosecution witnesses including injured witnesses and there is no reason to disbelieve their truthful and credit worthy testimony.

In view of the facts, circumstances and evidence on record I find that there is no illegality or manifest error in the impugned order of conviction which may require interference by this Court.  The findings of conviction  are liable to be affirmed.

However, considering the fact that (i) the incident in question did take place on 10.11.1986 around 32 years back (ii) during the pendency of appeal, appellant no.1 Ram Prasad Kori, appellant no.5 Kanauji Lal and appellant no.6 Ram Narain were reported to have died and appeal in respect of them was abated vide order dated 2.5.2018 (iii) surviving accused appellants Har Bilas, Sri Ram, Naresh, Dibari Lal, Naresh son of Dwarika and Puttan Ali were aged about 35, 51, 29, 38, 42 and 31 years at the time of recording of their statements u/s 313 Cr.P.C. on 3.5.1991 who have respectively attained the age of around 61, 77, 55, 64, 68 and 57 years during last 26 years and most of them have turned quite old; (iv) the appellants were granted bail in this appeal on 27.7.1992 about 26 years back and (v) each of them has been in custody for certain period during trial and for few days after conviction till grant of bail in appeal, I find that despite confirmation of their conviction of accused appellants, it would not be just and appropriate to send them back to prison after 26 years on account of 32 years  old incident reasonable and maintaining their conviction, if the sentence is modified to period of imprisonment already undergone with imposition of fine, it will meet the ends of justice.

In view of the above facts and circumstances, I find that at this stage, maintaining the conviction of appellants  the appeal is liable to be partly dismissed and by modifying their sentences the same is liable to be partly allowed.

Accordingly, the appeal is partly dismissed.  The conviction of appellants under the impugned judgment and order is affirmed and appeal in this respect stands dismissed.

The appeal is partly allowed and maintaining the conviction of surviving accused appellants Har Bilas, Sri Ram, Naresh, Dibari Lal, Naresh son of Dwarika and Puttan Ali under Sections 148, 323/149, 325/149 and 452 I.P.C, the sentence of rigorous imprisonment for a period of 1 year, 6 months, 3 years and 3 years respectively under sections 148, 323/149, 325/149 and 452 I.P.C.  is modified in the manner that each of the surviving appellant nos.2, 3, 4, 7, 8 and 9 is sentenced with rigorous imprisonment for a period already gone and fine of Rs.2,000/- under Section 148 I.P.C., rigorous imprisonment for a period already gone and fine of Rs.1,000/- under Section 323/149 I.P.C, rigorous imprisonment for a period already gone and fine of Rs.5,000/- under Section 325/149 I.P.C. and rigorous imprisonment for a period already gone and fine of Rs.5,000/- under Section 452 I.P.C.  The amounts of fine will be deposited by accused appellants within two months from today failing which in case of default in payment of fine, each of the defaulter appellant will undergo simple imprisonment for a period of one month under Section 148 I.P.C., one month under Section 323/149 I.P.C., three months under Section 325/149 I.P.C. and three months under Section 452 I.P.C. The accused appellants are on bail, they need not surrender unless wanted in some other case or commits default in payment of fine.

Material exhibits, if any, be disposed of after statutory period, in accordance with rules.

Let the lower court record be sent back to court below forthwith, along with a copy of this judgment, for ascertaining necessary compliance.

Order Date :- 15.11.2018

VS