STATE OF UTTAR PRADESH Vs. DEOMAN UPADHYAYA
LAWS(SC)-1960-5-8
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on May 06,1960

STATE OF UTTAR PRADESH Appellant
VERSUS
DEOMAN UPADHYAYA Respondents





Cited Judgements :-

NAND KISHORE SINGH VS. STATE OF BIHAR [LAWS(PAT)-1991-3-21] [REFERRED TO]
STATE VS. MAKSUDAN SINGH [LAWS(PAT)-1985-8-9] [REFERRED TO]
SUCHA SINGH VS. STATE OF HARYANA [LAWS(SC)-2013-6-7] [REFERRED TO]
KADORI NANDLAL VS. STATE OF M P [LAWS(MPH)-1978-4-20] [REFERRED TO]
PRABHUNARAYAN VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1986-8-10] [REFERRED TO]
PARAMHANSA JADAB VS. STATE [LAWS(ORI)-1963-10-6] [REFERRED TO]
CHANDRA PRAKASH VS. STATE OF RAJASTHAN [LAWS(SC)-2014-5-29] [REFERRED TO]
VIPIN VS. STATE OF KERALA [LAWS(KER)-2020-11-379] [REFERRED TO]
ALAGUPANDIAN VS. STATE [LAWS(MAD)-2013-11-223] [REFERRED TO]
NAGINDER SINGH VS. HARI DASS VERMA [LAWS(HPH)-2020-9-55] [REFERRED TO]
M/S JAGATHI PUBLICATIONS LTD VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(APH)-2012-6-32] [REFERRED TO]
KARAN SINGH VS. STATE OF U.P. [LAWS(ALL)-1971-4-38] [REFERRED TO]
MAHAVIR RAGHUNATHRAO HULUNGARE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-9-79] [REFERRED TO]
RAM PRATAP PANDEY VS. STATE OF U.P. [LAWS(ALL)-2019-4-236] [REFERRED TO]
STATE OF MAHARASHTRA VS. RAMESH VISHWANATH DARANDALE [LAWS(BOM)-2019-12-1] [REFERRED TO]
PHOOLAN DEVI VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1997-3-41] [REFERRED]
AMAR NATH VS. UNION OF INDIA [LAWS(ALL)-1988-12-52] [REFERRED TO]
UMESH CHANDRA SINHA VS. V N SINGH [LAWS(PAT)-1967-4-9] [REFERRED TO]
MANAGER VS. STATE OF KERALA [LAWS(KER)-2019-11-435] [REFERRED TO]
DHARAM DEO YADAV VS. STATE OF U.P. [LAWS(SC)-2014-4-28] [REFERRED TO]
Radhakrishna Nandaji VS. State of M.P. [LAWS(MPH)-1961-8-15] [REFERRED TO]
BABLOO @ VIRENDRA KUMAR VS. STATE OF M.P. [LAWS(MPH)-2017-12-70] [REFERRED TO]
VINOD MAIHOTRA VS. STATE OF RAJASTHAN [LAWS(RAJ)-1996-4-45] [REFERRED TO]
SAHIB SINGH VS. STATE OF HARYANA [LAWS(SC)-1997-7-37] [REFERRED TO]
SUSHILA AGGARWAL VS. STATE [LAWS(SC)-2020-1-88] [REFERRED TO]
SUSHILA AGGARWAL VS. STATE [LAWS(SC)-2020-1-88] [REFERRED TO]
SHAYARA BANO VS. UNION OF INDIA AND OTHERS [LAWS(SC)-2017-8-39] [REFERRED TO]
RAVISH KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2001-12-7] [REFERRED TO]
RAMU VS. STATE OF KARNATAKA [LAWS(KAR)-1991-4-36] [REFERRED TO]
HARBANSINGH SARDAR LENASINGH VS. STATE OF MAHARASHTRA [LAWS(BOM)-1968-12-3] [REFERRED TO]
STATE OF MAHARASHTRA VS. SADASHIV JETAPPA KAMBLE [LAWS(BOM)-2014-5-114] [REFERRED TO]
DINESH @ PAPPU DNYANDEO ALKUTE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2013-8-118] [REFERRED TO]
SHIVRAJ KASHINATHAPPA GANDGE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2010-8-206] [REFERRED TO]
B RAJAN RAM VS. GOVERNMENT OF ANDHRA PRADESH [LAWS(APH)-2001-8-110] [REFERRED TO]
HARDAYAL SINGH VS. STATE NCT OF DELHI [LAWS(DLH)-2013-2-90] [REFERRED TO]
UBHAN YADAV VS. STATE OF U P [LAWS(ALL)-2021-6-29] [REFERRED TO]
RIZWANA SAIF VS. STATE OF U P [LAWS(ALL)-1999-4-53] [REFERRED TO]
DIRECTORATE OF ENFORCEMENT VS. DEEPAK MAHAJAN [LAWS(SC)-1994-1-78] [DISTINGUISHED]
RAJA @ RAJINDER VS. STATE OF HARYANA [LAWS(SC)-2015-4-21] [REFERRED TO]
NAND KISHORE SINGH VS. STATE OF BIHAR [LAWS(PAT)-1991-3-11] [REFERRED TO]
K GOVINDASWAMI VS. GOVT OF INDIA [LAWS(MAD)-1985-11-2] [REFERRED TO]
ANEZ ANZARE VS. STATE OF KERALA [LAWS(KER)-2022-4-33] [REFERRED TO]
MAHANT LACHMAN DASS CHELA MAHANT ISHAR DASS VS. STATE OF PUNJAB [LAWS(P&H)-1968-3-55] [REFERRED]
CHIMANBHAI BHULIYABHAI NAYAK VS. STATE OF GUJARAT [LAWS(GJH)-2014-4-5] [REFERRED TO]
RAKESH KUMAR PANDEY VS. STATE OF CHHATTISGARH [LAWS(CHH)-2009-11-18] [REFERRED TO]
ANDREW FERNANDES VS. STATE OF GOA [LAWS(BOM)-1992-1-64] [REFERRED TO]
JAIKAM AND ANR VS. STATE OF U P [LAWS(ALL)-2018-5-129] [REFERRED TO]
SHARIFUL HASAN VS. STATE OF U P [LAWS(ALL)-2006-1-24] [REFERRED TO]
JANARDAN PASWAN VS. STATE OF BIHAR [LAWS(PAT)-1987-7-30] [REFERRED TO]
OGAD SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2020-10-99] [REFERRED TO]
DY DIRECTOR E D MADRAS VS. P MANSOOR MOHAMED ALI JINNAH [LAWS(MAD)-1988-11-9] [REFERRED TO]
SUBHASH CHANDRA SINGH VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(RAJ)-2015-12-32] [REFERRED TO]
RAMESHWAR DAYAL VS. STATE OF UTTARAKHAND [LAWS(UTN)-2015-12-4] [REFERRED TO]
CHAMA VS. STATE OF PUNJAB [LAWS(P&H)-1995-5-5] [REFERRED TO]
D. SHANMUGA RAJA VS. PRINCIPAL SECRETARY TO GOVERNMENT [LAWS(MAD)-2018-11-28] [REFERRED TO]
MD DULALUDDIN VS. STATE OF ASSAM [LAWS(GAU)-2019-5-109] [REFERRED TO]
ANDICHAMI ALIAS ANDIAPPAN VS. STATE OF KERALA [LAWS(KER)-2011-8-85] [REFERRED TO]
RAM ALIAS RAM DASS VS. STATE OF DELHI [LAWS(DLH)-2010-7-421] [RELIED TO (PARA 15)]
NARENDRA NAROTTAMDAS KAPADIA VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(BOM)-1981-4-11] [REFERRED TO]
ASST COLLECTOR VS. PAVUNNI [LAWS(KER)-1988-7-11] [REFERRED TO]
SHASHI KANT SINGH VS. STATE [LAWS(ALL)-2011-3-230] [REFERRED TO]
DHARMENDRA VS. STATE OF UP [LAWS(ALL)-2010-8-139] [REFERRED TO]
HIRENKUMAR ALIAS SONI CHANDRAKANT SATHAM VS. STATE OF GUJARAT [LAWS(GJH)-2005-8-55] [REFERRED TO]
P MADHANLAL PATEL VS. STATE REPRESENTED [LAWS(MAD)-2009-11-573] [REFERRED TO]
SMT. NANDINI SATPATHY VS. P.L. DANI AND ANR. [LAWS(ORI)-1978-1-16] [REFERRED TO]
DASARA SOREN VS. STATE OF ORISSA [LAWS(ORI)-2009-4-54] [REFERRED TO]
VIKRAM SINGH VS. STATE OF PUNJAB [LAWS(SC)-2010-1-74] [RELIED ON]
PRABHOO VS. STATE OF UTTAR PRADESH [LAWS(SC)-1962-5-3] [DISTINGUISHED]
PURAN CHAND GUPTA VS. THE STATE OF PUNJAB [LAWS(P&H)-1980-9-24] [REFERRED TO]
SIDHAN VS. STATE OF KERALA [LAWS(KER)-2014-5-185] [REFERRED TO]
GANESH BORA VS. STATE OF ASSAM [LAWS(GAU)-2004-5-54] [REFERRED TO]
RAM TOSSA VS. STATE OF ASSAM [LAWS(GAU)-2012-5-40] [REFERRED TO]
GOREGAON MALAYALEE SAMAJ VS. POPATLAL PRABHUDAS AND SONS [LAWS(BOM)-1987-8-32] [REFERRED TO]
TRILOKYA GOGOI VS. STATE OF ASSAM [LAWS(GAU)-2002-2-28] [REFERRED TO]
RAJESH TALWAR VS. CENTRAL BUREAU OF INVESTIGATION THRU ITS DIRECTOR [LAWS(ALL)-2013-7-43] [REFERRED TO]
CHANDUBHAI VS. STATE OF GUJARAT [LAWS(GJH)-2015-7-34] [REFERRED TO]
STATE OF MAHARASHTRA VS. VINAYAK SHIVAJIRAO POL [LAWS(BOM)-1997-4-3] [REFERRED TO]
BADRI VISHAL TANDON VS. ASSISTANT CED [LAWS(ALL)-1975-4-37] [REFERRED TO]
HANUMAN DIVEDI VS. STATE OF C G [LAWS(CHH)-2011-5-18] [REFERRED TO]
ABRAHAM VARGHESE VS. STATE OF KERALA [LAWS(KER)-1964-7-25] [REFERRED TO]
OM PRAKASH DHANUKA VS. STATE OF BIHAR [LAWS(PAT)-2021-7-122] [REFERRED TO]
V C SHUKLA VS. STATE DELHI ADMINISTRATION [LAWS(SC)-1980-4-25] [RELIED ON]
HIRAL P. HARSORA AND ORS. VS. KUSUM NAROTTAMDAS HARSORA AND ORS. [LAWS(SC)-2016-10-14] [REFERRED TO]
STATE OF UTTAR PRADESH VS. POOSU:1 NAGAU 2 RAMESHWAR PRASAD [LAWS(SC)-1976-4-1] [REFERRED TO]
STATE OF RAJASTHAN VS. VINOD MALHOTRA [LAWS(RAJ)-1996-4-18] [REFERRED TO]
LAXMI NARAYAN VS. STATE OF RAJASTHAN [LAWS(RAJ)-1983-8-8] [REFERRED TO]
MANAGER VIMAL JYOTHI ENGINEERING COLLEGE VS. STATE OF KERALA [LAWS(KER)-2019-11-155] [REFERRED TO]
BHURI BAI VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1992-1-3] [REFERRED TO]
KRISHI UPAJ MANDI SAMITI VS. KHANDWA MUNICIPAL CORPORATION [LAWS(MPH)-1997-5-12] [REFERRED]
SADHWI PRAGYA SINGH THAKUR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2010-3-18] [REFERRED TO]
STATE OF MAHARASHTRA VS. KAMLAKAR TANAJI SHINDE [LAWS(BOM)-2010-9-26] [REFERRED TO]
NARENDRA BHIMABHAI PATEL VS. STATE OF GUJARAT [LAWS(GJH)-1983-8-4] [REFERRED]
SOLANKI RAVIBHAI DIPUBHAI VS. STATE OF GUJARAT [LAWS(GJH)-1991-9-29] [REFERRED TO]
NINGTHEMCHA ONGBI SHAKHENBI DEVI VS. STATE OF MANIPUR [LAWS(GAU)-2006-1-29] [REFERRED TO]
TAPASH SARKAR VS. STATE OF TRIPURA [LAWS(GAU)-2012-8-71] [REFERRED TO]
BANDI MURUGULU VS. STATE [LAWS(APH)-1960-10-19] [REFERRED TO]
STATE OF GUJARAT VS. ABDULKADAR BAU BAKALI [LAWS(GJH)-2020-7-279] [REFERRED TO]
VETAL BHAGWAN MANDLE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2005-8-182] [REFERRED TO]
JAY ENGINEERING WORKS LIMITED; INDIAN OXYGEN LIMITED; BENGAL ENAMEL WORKS VS. STATE OF WEST BENGAL [LAWS(CAL)-1967-12-19] [REFERRED]
STATE VS. SUNIL BATRA [LAWS(DLH)-1978-2-15] [REFERRED]
MOHINDER SINGH VS. THE STATE (DELHI ADMN.) [LAWS(DLH)-1995-2-97] [REFERRED TO]
MOHD ARIF ALIAS ASHFAQ VS. STATE OF NCT OF DELHI [LAWS(SC)-2011-8-77] [REFERRED TO]
BATAPA BADA SETH VS. STATE [LAWS(ORI)-1986-12-16] [REFERRED TO]
STATE VS. MAKSUDAN SINGH & 16 ORS., RAGHUBANSH SINGH, BISHWANAND SINGH AND MOHAN PD. SINGH [LAWS(PAT)-1985-8-31] [REFERRED TO]
STATE OF BIHAR VS. MADANLAL AGARWALLA [LAWS(PAT)-1965-7-9] [REFERRED TO]
SHAHAJA @ SHAHAJAN ISMAIL MOHD. SHAIKH VS. STATE OF MAHARASHTRA [LAWS(SC)-2022-7-65] [REFERRED TO]
KANDA PADAYACHI ALIAS KANDASWAMY VS. STATE OF TAMIL NADU [LAWS(SC)-1971-8-76] [REFERRED TO]
STATE OF HARYANA VS. DINESH KUMAR [LAWS(SC)-2008-1-94] [REFERRED TO]
THADIYANTEVIDA NAZEER @ UMMER HAJI @ HAJI VS. STATE OF KERALA [LAWS(KER)-2022-1-62] [REFERRED TO]
RAMESH RUMSIBHAI GAMIT VS. STATE OF GUJARAT [LAWS(GJH)-2014-4-4] [REFERRED TO]
MOHD. ABID ALIAS BENGALI VS. STATE [LAWS(DLH)-2014-5-302] [REFERRED TO]
NAREN MAHATO VS. STATE OF WEST BENGAL [LAWS(CAL)-2005-9-64] [REFERRED TO]
RAKESH KUMAR JHA VS. STATE OF DELHI [LAWS(DLH)-2012-9-403] [REFERRED TO]
BANDU YEDU METKARI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2002-2-134] [REFERRED TO]
MUNNI LAL VS. STATE [LAWS(DLH)-1994-11-9] [REFERRED TO]
SONU @ ASHUTOSH TIWARI VS. STATE [LAWS(DLH)-2019-12-91] [REFERRED TO]
NATIBABU KHADKA VS. STATE OF GOA AS [LAWS(BOM)-1995-7-100] [REFERRED TO]
MAIYADIN VS. STATE OF U P [LAWS(ALL)-2018-5-123] [REFERRED TO]
TROILOKYA GOGOI VS. STATE OF ASSAM [LAWS(GAU)-2002-3-62] [REFERRED TO]
DEVARLA MURALI VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2020-7-51] [REFERRED TO]
MANISHABEN @ MINABEN HARSURBHAI KATHI VS. STATE OF GUJARAT [LAWS(GJH)-2019-4-144] [REFERRED TO]
JAY PRAKASH VS. STATE OF U P [LAWS(ALL)-2005-8-91] [REFERRED TO]
ASSISTANT COLLECTOR VS. PAVUNNI [LAWS(MAD)-1988-7-21] [REFERRED TO]
THANIEL VICTOR VS. STATE [LAWS(MAD)-1990-3-11] [REFERRED TO]
TOFAN SINGH VS. STATE OF TAMIL NADU [LAWS(SC)-2020-10-54] [REFERRED TO]
STATE OF BOMBAY VS. KATHI KALU OGHAD [LAWS(SC)-1961-8-16] [REFERRED]
UMED SHOBHIT VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1978-7-14] [REFERRED TO]
SANJAY KAKA VS. STATE NATIONAL CAPITAL TERRITORY OF DELHI [LAWS(SC)-2001-2-131] [REFERRED]
AYASHA RATHORE VS. STATE OF M P AND OTHERS [LAWS(MPH)-2018-8-314] [REFERRED TO]
ASSISTANT DIRECTOR VS. KHADER SULAIMAN [LAWS(MAD)-2003-1-83] [REFERRED TO]
NATARAJAN VS. UNION TERRITORY OF PONDICHERRY [LAWS(MAD)-2003-2-56] [REFERRED TO]
UNION OF INDIA VS. RAIMENTS & GARMENTS INTERNATIONAL [LAWS(MAD)-2020-1-522] [REFERRED TO]
PRAVINSINH INDRASINH MAHIDA VS. STATE OF GUJARAT [LAWS(GJH)-2021-8-273] [REFERRED TO]
RAVINDER KUMAR CHAUHAN VS. STATE [LAWS(DLH)-2017-9-87] [REFERRED TO]
STATE OF MAHARASHTRA VS. RAJU JAGDISH PASWAN [LAWS(BOM)-2013-3-133] [REFERRED TO 17]
STATE OF ASSAM VS. UPENDRA NATH RAJKHOWA [LAWS(GAU)-1974-8-1] [REFERRED TO]
SANTOSH BORO VS. STATE OF MEGHALAYA [LAWS(GAU)-2008-3-38] [REFERRED TO]
RAKESH KUMAR VS. STATE [LAWS(DLH)-1999-9-105] [REFERRED]
FREED VS. STATE OF H.P. [LAWS(HPH)-2020-7-8] [REFERRED TO]
SATYENDRA KUMAR VERMA VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2021-1-158] [REFERRED TO]
SHEETANSU SRIVASTAVA VS. PRINCIPAL A A INSTITUTE [LAWS(ALL)-1989-1-5] [REFERRED TO]


JUDGEMENT

- (1.)The Civil and Sessions Judge, Gyanpur, convicted Deoman Upadhyaya - respondent to this appeal - of intentionally causing the death of the one Sukhdei in the early hours of 19-6-1958, at village Anandadih District Varanasi and sentenced him to death subject to confirmation by the High Court. The order of conviction and sentence was set aside by the High Court of Judicature at Allahabad. Against that order of acquittal, the State of Uttar Pradesh has appealed to this Court with a certificate granted by the High Court.
(2.)Deoman was married to one Dulari. Dulari's parents had died in her infancy and she was brought up by Sukhdei, her cousin. Sukhdei gifted certain agricultural lands inherited by her from her father to Dulari. The lands gifted to Dulari and the lands of Sukhdei were cultivated by Mahabir, uncle of Deoman. Mahabir and Deoman entered into negotiations for the sale of some of these lands situated at village anandadih, but Sukhdei refused to agree to the proposed sale. According to the case of the prosecution, in the evening of 18-6-1958, there was an altercation between Deoman and Sukhdei, Deoman slapped Sukhdei on her face and threatened that he would smash her face. Early in the morning of June 19, Deoman made a murderous assault with a gandasa (which was borrowed by him from one Mahesh) upon Sukhdei who was sleeping in the courtyard near her house and killed her on the spot, and thereafter, he threw the gandasa into the village tank, washed himself and absconded from the village. He was arrested in the afternoon of the 20th near the village Manapur. On June 21, he offered to hand over the gandasa which he said, he had thrown in the village tank, and in the presence of the investigating officer and certain witnesses, he waded into the tank and took out a gandasa, which, on examination by the Serologist, was found to be stained with human blood.
(3.)Deoman was tried for the murder of Sukhdei before the court of Session at Gyanpur. The trial Judge, on a consideration of the evidence led by the prosecution, held the following facts proved:
(a) In the evening of June 19, 1958, there was an altercation between Sukhdei and Deoman over the proposed transfer of lands in village Anandadih and in the course of the altercation, Deoman slapped Sukhdei and threatened her that he would smash her "mouth" (face).

(b) In the evening of June 18, 1958, Deoman borrowed a gandasa (Ex. 1) from one Mahesh.

(c) Before day-break on June 19, 1958, Deoman was seen by a witness for the prosecution hurrying towards the tank and shortly thereafter he was seen by another witness taking his bath in the tank.

(d) Deoman absconded immediately thereafter and was not to be found at Anandadih on June 19, 1958.

(e) That on June 21, 1958, Deoman, in the presence of the investigating officer and two witnesses, offered to hand over the gandasa which he said he had thrown into a tank, and thereafter he led the officer and the witnesses to the tank at Anandadih and in their presence waded into the tank and fetched the gandasa (Ex. 1) out of the water. This gandasa was found by the Chemical Examiner and serologist to be stained with human blood.

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