Allahabad High Court
State Of U.P. vs Ramraja Alias Gajendra on 20 December, 2022
Bench: Vivek Kumar Birla, Rahul Chaturvedi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 42
Case :- GOVERNMENT APPEAL No. - 439 of 2019
Appellant :- State of U.P.
Respondent :- Ramraja Alias Gajendra
Counsel for Appellant :- G.A.
Hon'ble Vivek Kumar Birla,J.
Hon'ble Rahul Chaturvedi,J.
Re: Leave to appeal application.
Heard Sri Ratan Singh, learned AGA for the State and perused the record.
Present Government appeal has been preferred against the judgment and order dated 10.06.2019 passed by Additional Sessions Judge, Court No.4, Jhansi in Sessions Trial No.224 of 2009 (State of U.P. vs. Ghanaram and Others), and Sessions Trial No.223 of 2009 (State vs. Rajaram alias Gajendra) arising out of Case Crime No.439 of 2009 and 459 of 2009, under sections 302/34, 302, 504, 506, 190 IPC and Section 25 Arms Act, Police Station Samthar, District Jhansi.
From perusal of records, we find that one Criminal appeal being Criminal Misc. Application U/S 372 Cr.P.C. (Leave to Appeal) No.313 of 2019 (Kunwar Singh vs. State of U.P. and another) in connection with same case crime number has already been dismissed on merits vide judgment and order dated 02.08.2019, which is quoted as under:-
"Heard Sri Om Prakash for the applicant/appellant.
This appeal under Section 372 Cr P C has been filed from the judgement of acquittal passed by Additional Sessions Judge, Court No. 4, Jhansi dated 10.6.2019 in S.T. No. 224 of 2009 arising out of Case Crime No. 439 of 2009, under Section 302, 504, 506, 190 IPC and S.T. No.223 of 2009, arising out of Case Crime No. 459 of 2009, under Section 25 of Arms Act, P.S. Samthar Distt. Jhansi.
The incident is alleged to have taken place on 08:00 PM on 27.4.2009 and FIR was lodged on 28.7.2009 at 07:15 AM. In the FIR, it has been stated that Ramraja and his father Ghanaram have doubt that Chatur Singh @ Munna, father of the informant connived in abduction of wife of Ramraja. Prior to the incident, they also came to the house of the informant and searched wife of Ramraja there. He, his father Chatur Singh @ Munna and uncle Dev Singh and Kalyan Singh were irrigating the peppermint field in the last evening. At about 08:00 PM, Ghanaram, Ramraja @ Gajendra and Santram came there. Ghana Ram and Ramraja were armed with country made pistol and Santram was armed with spear/barchhi. They started abusing Chatur Singh @ Munna and inquired about Seema on which his father replied that he had no knowledge about Seema. Thereafter they begun to abuse him and with common intention besieging as well as catching him, thereafter Ramraja opened fire upon the father of the informant due to which, he died on the spot.
In order to prove the prosecution case, the prosecution examined the informant Kunwar Singh(PW-1) an eye witness, Dev Singh (PW-2), Dr. Om Prakash Maheshwari (PW-3), Chhatrapal (PW-4) an eye witness, Head Constable Devendra Singh Bhadauria (PW-5), Constable Laxmi Narain (PW-6), the then Station House Officer Arun Kumar (PW-7), H.C.P. Laxmi Narain (PW-8) and Sub Inspector Jagendra Singh (PW-9).
So far as Dev Singh, PW-2 is concerned, according to him, he has stated that Ganaram and Ramraja caused injury through their pistols and Sant Ram cause injury through spear/barchhi. Fire opened by Ghanaram was missed and fire opened by Ramraja caused injury to the deceased. Similar statement was given by Chhatarpal Singh, PW-4 also. But in the postmortem report, one lacerated wound of 08 cm x 2 cm on the left side of head and second lacerated wound of 06 cm x 2 cm x bone deep on the jaw was found. According to the Doctor's opinion these injuries were not caused by fire arm. These injuries received by the deceased remained totally unexplained. This was a night incident and had taken place at about 08:00 PM at the outskirt of abadi. While the FIR was lodged on the next day at about 07:15 AM.
In the light of material contradiction between the statements of the witnesses as well as injuries received by the deceased, the presence of witnesses on the spot was doubtful. Accordingly the order of acquittal has been passed. It may be mentioned that apart from Ramraja @ Gajendra, the other co-accused have died and the trial has already been abated against them.
The order of acquittal does not requires any interference of this Court. Leave to appeal is rejected. The appeal has no merit and it is dismissed accordingly."
Learned AGA could not persuade us to take a different view in the matter as no additional/different ground could be pointed out for taking a different view of the matter.
Accordingly, in the light of the above quoted order, the application for granting leave to appeal is rejected.
Re: Government Appeal
Consequently, since the Criminal Misc. Application (Leave to Appeal) is rejected by order of this date, the present government appeal is also dismissed.
Order Date :- 20.12.2022
Nitendra
