Suchcha Singh And Others vs State Of U.P.
2022 Latest Caselaw 17028 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 50
 

 
Case :- CRIMINAL APPEAL No. - 763 of 1995
 

 
Appellant :- Suchcha Singh And Others
 
Respondent :- State of U.P.
 
Counsel for Appellant :- R.C. Pal,Karunesh Narayan Tripathi
 
Counsel for Respondent :- .../Govt. Advocate
 

 
Hon'ble Ram Manohar Narayan Mishra,J.

Heard learned counsel for the appellants and learned A.G.A. for the State and perused the material on record.

Instant Crl. Appeal has been filed under Section 374(2) Cr.P.C. against the impugned judgement and order dated 15.3.1995 passed by learned Additional Sessions Judge in S.T. No. 288 of 1989 (State of Vs.P. Vs. Lal Singh and others). By the impugned judgment and order, appellant Suchcha was found guilty under Section 148, 324/149 IPC and rest of the accused Lal Singh, Mahnga Singh, Makkhan Singh, Milakha Singh, Jasvir Singh, Randhir Singh, Gyan Singh, Dayal Singh and Sarvan Singh were found guilty and convicted under Section 147, 323/149 IPC. Accused Suchcha Singh was sentenced to fine Rs. 250/- under Section 148 IPC and Rs. 750/- under Section 324/149 IPC with default stipulation and rest of the accused persons were fined to Rs. 250/- each under Section 147 IPC and Rs. 500/- under Section 323/149 IPC with default stipulation. Out of the fine recovered, Rs. 500/- was directed to be given as compensation to injured persons Bachan Singh, Smt. Sant Kaur, Balvir Singh, Swarn Kaur to the tune of Rs. 250/- under Section 374 Crl.P.C.

According to office report based ion communication received from C.J.M. Shahjahanpur dated 2.11.2022, appellant no. 1 Suchcha Singh, appellant no. 2 Milkha Singh, appellant no. 6 Lal Singh and appellant no. 7 Mahnga Singh have died and death certificate is accompanied with the report of C.J.M concerned, therefore, appeal stands abated against the aforesaid appellants.

According to prosecution version, Nirmal Singh has lodged the F.I.R. on 16.4.1986 at 6:30 p.m. at P.S. Powayan with these allegations that on 16.4.1986 at about 4:00 p.m., accused persons were carrying the combine machine from his field of wheat crop and when he resisted them from carrying the combine machine from their fields they abused them and attacked with sword and lathis. Gyan Kaur, Sant Kaur, Shrawan Kaur, Bachan Singh and Balkar Singh suffered injuries. On making noise, his neighbours Sadhu Singh, Karnail Singh, Balvir Singh came there and saved them. P.W.-4 Dr. Jasvir Singh examined injuries of Balvir Singh, Bachan Singh, Smt. Shrawan Kaur and Sant Kaur. Doctor found the following injuries on their person.

Injuries of Balvir Singh

1. Lacerated wound 2cm x 0.5 cm x scalp deep over the left side of head 12 c.m. above, left ear at 12'O clock position. Wound is verticle.

Injuries of Bachan Singh

1. Lacerated wound 4 cm x 0.5 cm x bone deep over the right side of head middle part 9 cm above right ear at 12' O clock position wound is verticle. Fresh bleeding.

2. Lacerated wound 2 cm x 0.5 cm x scalp deep over the left side of head.....10 cm above left eyebrow. Fresh bleeding present. Wound is verticle.

3. Abraded contusion & swelling over the post part of right forearm lower part 7 cm x 6 cm.....

4. Abraded contusion 1 cm x 0.2 cm over the post part of right index finger of right hand terminal region.

5. Abrasion 0.5 cm x 0.2 cm over the base of right middle finger of right hand post side horizontal.

6. Multiple abraded contusion 2.5 cm x 1 cm....right ring finger of right hand middle part.

7. Lacerated wund 2 cm x 0.5 cm x bone deep over one part of right little finger of right hand proximal part 1 cm above the base. Fresh bleeding present. Oblique over the outer part of.....

8. Incised wound 1 cm x 0.5 cm x muscle deep over the inner and post part of right little finger of right hand at proximal region 1.5 cm front of bone.....Fresh bleeding present.

9. Lacerated wound 1 cm x 0.5 cm x over the post part of left index finger of left hand. Oblique.

10. Contusion 1.5 cm x 2 cm horizontal over the back upper part of 7th....horizontal crossing, the midline.

Injuries of Swarn Kaur

1. Lacerated wound 6 cm x 1 cm over the back of left side of head......c.m. above left ear at 12'O clock position wound is.....Fresh bleeding present.

2. Traumatic swelling 2 x 1 cm over the back of...

Injuries of Sant Kaur

1. Lacerated wound 5 cm x 0.5 cm x scalp deep over the left side of middle front part 5 cm above left eyebrow. Wound is verticle. Fresh bleeding present.

2. Incised wound 3 cm x 2.5 cm x muscle deep over the inner side of left forearm 7 cm above left wrist joint, wound is.....Fresh bleeding present, margins are clean cut.

3. Traumatic swelling 9 x 7 cm over post medical part of left forearm 12 cm above left wrist joint....

4. Contusion 11 cm x 7 cm over the neck & inner side of left thign lower region....

Except injury no. 8 of Bachan Singh and injury no. 2 of Smt. Sant Kaur, all the injuries were caused by sharp edged weapon. The doctor proved medical report from Ex. Ka-4 to Ka-7.

PW-3 Uma Singh Chauhan investigated the case. He prepared site plan at Ext. Ka-2 and submitted charge sheet against accused persons at Ext. Ka-3. The prosecution in support of its story has examined P.W.-1 Nirmal Singh, PW-2 Balvir Singh, P.W.-3 Uma Singh Chauhan and PW-4 Dr. Jasvir Singh.

Case of the accused persons before trial court was that accused was falsely implicated in the case due to cross case. Accused Suchcha Singh stated that he was carrying combine machine to his field. When they reached to the field of Milkha Singh and Bachan Singh, they came from their field armed with 'lathi', 'Banka' along with Sant Kaur and Swarn Kaur, who were also armed with 'lathi', 'banka' and sword. They had beaten to accused- Suchcha Singh and Milkha Singh. Accused persons used 'lathi' in his defence. Accused persons are enter related. Accused-persons have also filed copy of the injury report of the injured persons namely Suchcha, Milkha Singh from their side.

Learned trial court appreciated the evidence of witnesses of fact and examined PW-1 Nirmal Singh, PW-2 Balvir Singh, PW-3 Uma Singh Chauhan and PW-4 Dr. Jasvir Singh, author of the injury report of injured persons.

Case of the defence was that accused persons were falsely implicated on account of loan taken by Ratan Singh eight years back on the marriage of her daughter. PW-2 Balvir Singh showed his ignorance regarding this story at page-3. PW-1 also showed ignorance regarding taking of loan by Ratan Singh.

Learned trial court observed that the incident is admitted to both the parties as both sides have received injuries in the incident then theory of false implication of accused on account of advancement of loan of Ratan Singh and its non-payment has no significance for resolving the controversy.

Learned trial court further observed that accused Lal Singh, who is brother-in-law of Suchcha Singh, has admitted his presence at the time of incident. Accused- Suchcha Singh also admitted his presence on the spot. In the statement under Section 313 Cr.P.C., accused Mahnga Singh denied his presence on the spot but he failed to give any evidence regarding his presence elsewhere. Accused Milkha Singh also admitted his presence on the spot. Accused Jasvir Singh denied his presence on the spot and failed to give any evidence on this aspect. Accused Randhir Singh, who is father of Milkha Singh. He was involved in cultivation of field of Milakha Singh and Suchcha Singh. He did not deny presence on the spot. Munne Singh has also admitted his presence because he was carrying combine along with his jeep and trolley. Dayal Singh is also relative of Suchcha Singh, He has denied his presence on the spot but he has not given any evidence on this aspect. Shrawan Singh is neighbour of Suchcha Singh and he admitted his presence, therefore, trial court observed that from the evidence of PW-1 and PW-2 as well as eye-witnesses that involvement of all the accused persons in the incident was found proved. From the evidence of prosecution witnesses, it was established that Suchcha Singh had caused incised wounds to injured persons by his sword and i.e. why he was found guilt under Section 348 and 124 IPC read with Section 149 IPC.

On appreciation of evidence of witnesses of fact and formal witnesses including medical officer and investigating officer, learned trial court further observed that the prosecution has succeeded in proving charges levelled against accused-persons. The prosecution has also succeeded in proving that accused persons were aggressor. Prosecution has explained injury of Balvir and Milkha from the side of accused.

From the perusal of evidence of witnesses of fact, PW-1, PW-2 as well as formal witnesses, it appears that prosecution in that case had proved guilt of the accused persons in the incident on the basis of cogent evidence of witnesses of fact and medical evidence and prosecution's case for charges under the aforementioned sections was proved against respective accused persons beyond reasonable doubt. It appears that a cross-case was lodged at the instance of defence side which was committed to the court of sessions by learned Magistrate and on that account, present case which was magistrate triable was also committed to the court of sessions for trial along with said cross case vide order dated 20.7.1989.

From the Ext. Ka-2, incident appears to have taken place in the field of Munne Singh in which wheat was shown at that time. From the perusal of evidence available on lower court record and consideration of judgment of learned trial court, this Court is of the considered opinion that learned trial court has properly appreciated evidence on record and given finding of guilt of accused persons in aforesaid sections. There is no factual or legal error in finding arrived and sentence awarded on accused persons in the judgment under appeal. Learned trial court has rightly given finding that accused side in the present case has been aggressor in the incident. The judgment under appeal needs no interference and deserves to be affirmed. Accordingly, it is affirmed.

Learned trial court has already taken liberal approach in sentencing and accused persons have been let off on depositing the fine. The receipt of the trial court reveals that fine awarded in the judgment has already been deposited by the accused-persons. Copies of these receipt are filed along with report of Ld. trial court.

The judgment under appeal is, accordingly, affirmed and Criminal Appeal filed on behalf of appellants Randhir Singh, Jasbir Singh, Sarwan Singh, Makhan Singh, Gyan Singh and Gur Dayal Singh is dismissed.

Let certified copy of the judgment be transmitted to the court concerned for necessary information and compliance.

Order Date :- 15.11.2022

A.P. Pandey