VIJAYEESINGH STATE OF UTTAR PRADESH Vs. STATE OF UTTAR PRADESH
LAWS(SC)-1990-4-7
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on April 20,1990

VIJAYEESINGH,STATE OF UTTAR PRADESH Appellant
VERSUS
STATE OF UTTAR PRADESH,VIJAYEESINGH Respondents





Cited Judgements :-

VISHWA NATH AND ORS. VS. STATE [LAWS(ALL)-2016-4-92] [REFERRED TO]
LALTA PRASAD DUBE AND ORS. VS. STATE OF U.P. [LAWS(ALL)-2016-1-3] [REFERRED TO]
STATE OF GUJARAT VS. KOLI KANA RASHI [LAWS(GJH)-2020-1-132] [REFERRED TO]
CHANDAN CHATTERJEE ALIAS FULU VS. STATE OF WEST BENGAL [LAWS(CAL)-2002-12-25] [REFERRED TO]
VISHAL YADAV VS. STATE OF U.P. [LAWS(DLH)-2014-4-24] [REFERRED TO]
GHANA GOGOI VS. STATE OF ASSAM [LAWS(GAU)-2013-6-39] [REFERRED TO]
R. RENOLD VS. STATE [LAWS(MAD)-2015-3-277] [REFERRED TO]
DEEPAK AGGARWAL VS. STATE [LAWS(DLH)-2019-12-100] [REFERRED TO]
SATYA NARAIN ALIAS SATPAL VS. STATE OF RAJASTHAN [LAWS(RAJ)-2000-7-71] [REFERRED TO]
INDRA BAHADUR SINGH AND ANR. VS. THE STATE OF U.P. [LAWS(ALL)-2010-1-298] [REFERRED TO]
GANGARAM & ANOTHER VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-8-104] [REFERRED TO]
RAJ KUMAR VS. STATE OF BIHAR [LAWS(PAT)-2015-2-29] [REFERRED TO]
AMAR RAI VS. STATE OF BIHAR [LAWS(PAT)-2019-9-168] [REFERRED TO]
RAJENDRA SAHNI, S/O SARYUG SAHNI VS. STATE OF BIHAR [LAWS(PAT)-2018-2-138] [REFERRED TO]
BALWANT SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2014-10-8] [REFERRED TO]
BAL BAHADUR VS. STATE OF H P [LAWS(HPH)-2000-12-2] [REFERRED TO]
DEEPAK REVACHAND TALREJA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2007-8-133] [REFERRED TO]
SURENDRA PASWAN VS. STATE OF JHARKHAND [LAWS(SC)-2003-11-84] [REFERRED TO]
NARESH RAI ALIAS NARESH SINGH VS. STATE OF BIHAR [LAWS(PAT)-1993-3-53] [RELIED ON]
SAYYAD ALI SAYYAD AND ORS. VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2015-4-306] [REFERRED TO]
BHARAT S/O MAHADU KHADE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2012-8-132] [REFERRED TO]
STATE OF MAHARASHTRA VS. GOVIND MHATARBA SHINDE [LAWS(BOM)-2010-5-31] [REFERRED TO]
SHARAD CHANDRA ALIAS MAHIPAL VS. STATE OF M.P. [LAWS(MPH)-2000-5-87] [REFERRED TO]
SIKANDAR SINGH VS. STATE OF BIHAR [LAWS(SC)-2010-7-48] [REFERRED TO]
AMIT @ GULLU @ AMITAV KUMAR VS. STATE OF ODISHA [LAWS(ORI)-2022-8-64] [REFERRED TO]
GURWINDER SINGH @ SONU VS. STATE OF PUNJAB AND ANR. [LAWS(SC)-2018-5-21] [REFERRED TO]
PRAKASH DATTATREY KHANDEKAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-2-68] [REFERRED TO]
TETAR RAI & ORS ; BALRAM PANDEY & ORS VS. STATE OF BIHAR [LAWS(PAT)-2005-7-87] [REFERRED]
SIKANDAR SINGH VS. STATE OF BIHAR [LAWS(PAT)-2004-9-97] [REFERRED TO]
VIVEKANAND MISHRA VS. STATE OF BIHAR [LAWS(PAT)-2007-12-4] [REFERRED TO]
BHUPENDRA VS. STATE OF M.P. [LAWS(MPH)-2022-1-30] [REFERRED TO]
SADHA SINGH AND OTHERS VS. STATE OF PUNJAB [LAWS(P&H)-2015-12-555] [REFERRED TO]
STATE OF MADHYA PRADESH VS. PAPPU ALIAS NARAYAN SINGH AND ORS [LAWS(MPH)-2011-5-113] [REFERRED]
KANWAL AND OTHERS VS. STATE OF MADHYA PRADESH (NOW C.G.) [LAWS(CHH)-2007-11-27] [REFERRED TO]
JAYAKODY VS. SETTU [LAWS(MAD)-2007-4-309] [REFERRED TO]
MEDNI SINGH AND RAGHUBIR SINGH (IN 440), SHAILENDRA KUMAR SINGH @ SHAILENDRA SINGH (IN 474) VS. STATE OF BIHAR [LAWS(PAT)-2005-4-96] [REFERRED]
HARDU NAGESIA VS. STATE OF JHARKHAND [LAWS(JHAR)-2010-2-18] [REFERRED TO]
STATE OF MADHYA PRADESH VS. UMKAR SINGH AND OTHERS [LAWS(MPH)-2017-2-222] [REFERRED TO]
BABU VS. STATE OF KERALA [LAWS(KER)-2013-2-272] [REFERRED TO]
POKHPAL VS. STATE OF U P [LAWS(ALL)-2011-9-101] [REFERRED TO]
AJAY MALHOTRA AND ANR VS. STATE GOVT OF DELHI [LAWS(DLH)-2014-9-486] [REFERRED]
SURENDER SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-5-100] [REFERRED TO]
DEBI PRASAD PANDA VS. STATE OF ORISSA [LAWS(ORI)-2002-4-2] [REFERRED TO]
HIRA SINGH VS. STATE OF BIHAR [LAWS(PAT)-2013-8-31] [REFERRED TO]
RASHI CHAND DEBBARMA VS. STATE OF TRIPURA [LAWS(GAU)-2013-1-23] [REFERRED TO]
DIPANKAR BAIDYA VS. STATE OF WEST BENGAL [LAWS(CAL)-2018-8-60] [REFERRED TO]
STATE OF PUNJAB AND ORS VS. JARNAIL SINGH AND ORS [LAWS(P&H)-2006-10-600] [REFERRED]
KALUSINGH CHANDER SINGH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1992-11-36] [REFERRED TO]
State of Madhya Pradesh VS. Ramesh [LAWS(MPH)-1999-10-62] [REFERRED TO]
KASHI RAM VS. STATE OF MADHYA PRADESH [LAWS(SC)-2001-10-141] [REFERRED]
STATE OF U P VS. ATAR SINGH [LAWS(SC)-2007-11-31] [REFERRED TO]
YOSEF VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2015-8-59] [REFERRED TO]
ABDUL KHAN VS. STATE OF RAJASTHAN [LAWS(RAJ)-2006-5-316] [REFERRED TO]
BHEEKAM AND OTHERS VS. STATE OF M P [LAWS(MPH)-2017-12-184] [REFERRED TO]
NAIK SATYA NARAIN AND ORS. VS. STATE AND ORS. [LAWS(DLH)-2015-12-26] [REFERRED TO]
PHOOL SINGH VS. STATE [LAWS(DLH)-2015-4-323] [REFERRED TO]
DEVENDER ALIAS BITTOO VS. STATE NCT OF DELHI [LAWS(DLH)-2012-3-520] [REFERRED TO]
RADHEY SHYAM VS. STATE NCT OF DELHI [LAWS(DLH)-2013-3-225] [REFERRED TO]
HARESHBHAI BABUBHAI RAMANI VS. STATE OF GUJARAT [LAWS(GJH)-2016-4-314] [REFERRED]
SIVARAMAN ALIAS GOPI VS. STATE OF KERALA [LAWS(KER)-2003-6-78] [REFERRED TO]
UNNI AND ORS. VS. STATE OF KERALA [LAWS(KER)-2003-6-88] [REFERRED TO]
STATE OF M P VS. LATOORI VS ORS [LAWS(MPH)-2018-5-127] [REFERRED TO]
RAM KISHAN VS. STATE [LAWS(DLH)-2011-3-145] [REFERRED TO]
SALEK CHAND VS. STATE OF U P [LAWS(ALL)-1993-8-35] [REFERRED TO]
RAM NATH VS. STATE [LAWS(ALL)-1990-11-14] [REFERRED TO]
NAGESHWAR MANDAL VS. STATE OF JHARKHAND [LAWS(JHAR)-2019-10-55] [REFERRED TO]
SANJAY KUMAR VS. STATE OF M P [LAWS(MPH)-2007-8-165] [REFERRED]
PARMINDER SINGH VS. STATE OF KARNATAKA [LAWS(KAR)-2006-11-39] [REFERRED TO]
KANWAL VS. STATE OF M P [LAWS(CHH)-2007-11-12] [REFERRED TO]
DEVIDAS LOKA RATHOD VS. STATE OF MAHARASHTRA [LAWS(SC)-2018-7-2] [REFERRED TO]
NAGENDRA SINGH VS. STATE OF BIHAR [LAWS(PAT)-2005-3-109] [REFERRED]
KHADU RAM VS. STATE OF BIHAR [LAWS(PAT)-2001-8-8] [REFERRED TO]
SACHIDANAND SINGH VS. STATE OF BIHAR [LAWS(PAT)-2002-6-26] [REFERRED TO]
CHERIYAN VS. STATE OF KERALA [LAWS(KER)-2019-8-246] [REFERRED TO]
VISWAS VS. STATE OF KERALA [LAWS(KER)-2020-3-566] [REFERRED TO]
STATE VS. RAJAMANICKAM AND ORS. [LAWS(MAD)-2015-1-224] [REFERRED TO]
JOR SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2008-8-148] [REFERRED TO]
RAM KISHORE VS. STATE OF U P [LAWS(ALL)-2019-7-162] [REFERRED TO]
STATE OF UTTAR PRADESH VS. SHIV NARAYAN SINGH [LAWS(ALL)-2022-5-103] [REFERRED TO]
MOTI CHAND & OTHERS VS. STATE OF U P [LAWS(ALL)-2015-9-435] [REFERRED]
AKASH TOMAR VS. STATE [LAWS(DLH)-2019-9-64] [REFERRED TO]
UMESH PANDIT, SON OF SUKHDEO PANDIT VS. STATE OF BIHAR [LAWS(PAT)-2017-10-101] [REFERRED TO]
MIDDLE SCHOOL, PETHIYA GOCHHI VS. GANESH CHOUDHARY S/O LATE YADU NANDAN CHOUDHARY [LAWS(PAT)-2014-12-93] [REFERRED]
JAI RAM SHARMA AND ORS. VS. THE STATE OF BIHAR [LAWS(PAT)-2015-8-10] [REFERRED TO]
KUNA @ SANJAYA BEHERA VS. THE STATE OF ODISHA [LAWS(SC)-2017-11-23] [REFERRED TO]
Hiralal VS. State of M.P. [LAWS(MPH)-1992-9-33] [REFERRED TO]
SANKAR @ JEYASANKAR VS. STATE [LAWS(MAD)-2020-7-367] [REFERRED TO]
LAD SINGH VS. STATE OF M P [LAWS(MPH)-1998-2-43] [REFERRED TO]
DHANIRAM VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1999-1-9] [REFERRED TO]
RAMJAS AHIR VS. STATE OF BIHAR [LAWS(PAT)-1990-9-17] [REFERRED TO]
SATYANARAINBHAGAT VS. STATE OF BIHAR [LAWS(PAT)-1991-9-8] [RELIED ON]
LAL SINGH VS. STATE OF GUJARAT [LAWS(SC)-2001-1-172] [REFERRED TO]
SHRIRAM VS. STATE OF MADHYA PRADESH [LAWS(SC)-2003-11-71] [REFERRED]
SABBIRBHAI YAKUBBHAI SHAIKH VS. STATE OF GUJARAT [LAWS(GJH)-1990-7-10] [REFERRED TO]
MOHAN LAL VS. STATE [LAWS(RAJ)-2022-1-198] [REFERRED TO]
PRADIP BURAGOHAIN VS. PRANATI PHUKAN [LAWS(GAU)-2008-7-48] [REFERRED TO]
RAVI VS. STATE OF KERALA [LAWS(KER)-2020-1-236] [REFERRED TO]
E. P. PAUL VS. STATE OF KERALA [LAWS(KER)-2020-11-29] [REFERRED TO]
MANOJ KUMAR VS. STATE [LAWS(DLH)-2014-10-6] [REFERRED TO]
RAJESH VS. STATE [LAWS(DLH)-2014-7-297] [REFERRED TO]
KARAN VS. STATE [LAWS(DLH)-2015-2-211] [REFERRED TO]
JOSEPH MATHAI VS. STATE OF KERALA [LAWS(KER)-2019-11-324] [REFERRED TO]
BINU KUMAR VS. STATE OF KERALA [LAWS(KER)-2019-12-57] [REFERRED TO]
MD MAZRUL VS. STATE OF JHARKHAND [LAWS(JHAR)-2019-10-76] [REFERRED TO]
BECHAN RAI @ RAM BAHADUR RAI AND OTHERS VS. STATE OF BIHAR [LAWS(PAT)-2014-12-83] [REFERRED TO]
RAM CHANDRA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2001-8-148] [REFERRED TO]
RAMALINGAM VS. STATE [LAWS(MAD)-2014-10-283] [REFERRED TO]
MALLA RAM VS. STATE OF HARYANA [LAWS(P&H)-1997-4-30] [REFERRED TO]
INSPECTOR OF POLICE VS. P.V. BHUPATHI [LAWS(MAD)-2020-1-325] [REFERRED TO]
RAJESH ALIAS NARU BIHARI BALVEBANE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2002-6-138] [REFERRED TO]
JYOTI SWARUP VS. STATE OF H.P. [LAWS(HPH)-2014-6-20] [REFERRED TO]
TAKHAJI HIRAJI VS. THAKORE KUBERSING CHAMANSING [LAWS(SC)-2001-5-85] [REFERRED]
ROD SINGH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1993-11-7] [REFERRED TO]
SUCHA SINGH VS. STATE OF PUNJAB [LAWS(SC)-2003-7-60] [REFERRED]
SANGRAM & ORS VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2017-8-111] [REFERRED TO]
SUDHIR KUMAR THAKUR VS. STATE OF BIHAR [LAWS(PAT)-2014-8-90] [REFERRED TO]
PRADIP MAHTO VS. STATE OF BIHAR [LAWS(PAT)-2019-8-142] [REFERRED TO]
BHARAT RAY VS. STATE OF BIHAR [LAWS(PAT)-2018-1-163] [REFERRED TO]
SHERU VS. THE STATE OF MADHYA PRADESH [LAWS(MPH)-2015-9-22] [REFERRED TO]
RAM CHANDRA RAI AND OTHERS VS. STATE OF BIHAR [LAWS(PAT)-2005-3-156] [REFERRED TO]
MANO DUTT VS. STATE OF U P [LAWS(SC)-2012-2-50] [REFERRED TO]
STATE OF MAHARASHTRA VS. APPASO RAMCHANDRA SHELKE [LAWS(BOM)-2020-10-28] [REFERRED TO]
DHONDU LAXMAN BAGUL VS. STATE OF MAHARASHTRA [LAWS(BOM)-2020-12-454] [REFERRED TO]
ANAND ROOPCHAND GAJBHIYE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2020-9-84] [REFERRED TO]
AAMAD ALIAS KALU ABDULBHAI MAJOTHI VS. STATE OF GUJARAT [LAWS(GJH)-1998-11-59] [RELIED ON]
KOLI GUNABHAI KANDHABHAI VS. STATE OF GUJARAT [LAWS(GJH)-2000-12-6] [REFERRED TO]
NARAYANBHAI BABULAL BHOSLE VS. STATE OF GUJARAT [LAWS(GJH)-2008-11-148] [REFERRED TO]
MOHAMMED RAFIQ SHAHABUDDIN SHAIKH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2018-6-187] [REFERRED TO]
ANAND ROOPCHAND GAJBHIYE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2020-10-21] [REFERRED TO]
STATE OF MAHARASHTRA VS. MUKUND TRIMBAK SONAWANE [LAWS(BOM)-2020-11-29] [REFERRED TO]
RAM SUNDER YADAV VS. STATE OF BIHAR [LAWS(SC)-1998-8-45] [FOLLOWED]
AFZALKHAN MOHMADNBI PATHAN VS. STATE OF GUJARAT [LAWS(GJH)-2000-8-30] [REFERRED]
VIKRAMBHAI MULCHANDBHAI PATEL VS. STATE OF GUJARAT [LAWS(GJH)-1998-2-22] [REFERRED TO]
STATE VS. SANTHANA KUMAR [LAWS(MAD)-2004-2-238] [REFERRED TO]
MOHAN LAL VS. STATE [LAWS(RAJ)-2021-11-140] [REFERRED TO]
QAIYUM MIAN VS. STATE OF BIHAR [LAWS(PAT)-1992-4-3] [REFERRED TO]
JAGDISH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1999-1-18] [REFERRED TO]
SHAIKH MAJID VS. STATE OF MAHARASHTRA [LAWS(SC)-2008-1-119] [REFERRED TO]
STATE OF RAJASTHAN VS. SHIV CHARAN [LAWS(SC)-2013-7-22] [REFERRED TO]
BRAJ KISHORE PRASAD S/O LATE SURAJDEO RAM VS. STATE OF BIHAR [LAWS(PAT)-2018-2-104] [REFERRED TO]
RAM KUMAR SINGH VS. STATE OF BIHAR [LAWS(PAT)-2014-8-32] [REFERRED TO]
GURDEO SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-1994-9-5] [REFERRED]
HAREN DAS VS. STATE OF ASSAM [LAWS(GAU)-2012-2-1] [REFERRED TO]
SANKAR RANA VS. LOHOR RANA [LAWS(ORI)-1994-5-24] [RELLIED ON 1989 CRI LJ 288 : AIR 1988 SC 2154 (REL. ON) 5]
ABDUL RASHEED VS. STATE OF KERALA [LAWS(KER)-2012-6-582] [REFERRED TO]
LALLU VS. STATE OF M P [LAWS(MPH)-2017-12-128] [REFERRED TO]
VARGHESE @ VARKEY VS. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR [LAWS(KER)-2017-8-175] [REFERRED TO]
RAJU JAMADAR VS. STATE [LAWS(DLH)-2013-7-323] [REFERRED TO]
ASHARFI SINGH VS. STATE OF BIHAR [LAWS(PAT)-2007-2-197] [REFERRED TO]
NILAMBAR PATEL VS. STATE OF ORISSA [LAWS(ORI)-2017-2-24] [REFERRED TO]
KISHAN VS. STATE OF HARYANA [LAWS(SC)-2009-4-37] [DISCUSSED ON]
ANIL KUMAR VS. STATE OF UTTAR PRADESH [LAWS(SC)-2004-9-133] [REFERRED TO]
MADAN VS. STATE [LAWS(MPH)-2011-4-45] [REFERRED TO]
GURMAIL SINGH VS. STATE OF PUNJAB [LAWS(SC)-2012-11-54] [REFERRED TO]
KALBE ALI VS. STATE OF UTTARANCHAL [LAWS(UTN)-2004-7-38] [REFERRED TO]
STATE OF GUJARAT VS. CHAVDA MANAJI CHELAJI [LAWS(GJH)-1999-7-22] [REFERRED]
ASHISH MISHRA @ MONU VS. STATE OF U.P. [LAWS(ALL)-2022-7-17] [REFERRED TO]
RAJENDRA VS. STATE OF U.P. [LAWS(ALL)-2014-11-223] [REFERRED TO]
RAM KUMARI DEVI VS. STATE OF BIHAR [LAWS(PAT)-2017-11-185] [REFERRED TO]
MADAN SAHNI VS. THE STATE OF BIHAR [LAWS(PAT)-2018-3-60] [REFERRED TO]
BHASKAR NAIK VS. STATE OF ORISSA [LAWS(ORI)-2003-10-38] [REFERRED TO]
RAM KISHAN VS. STATE OF RAJASTHAN [LAWS(RAJ)-2007-5-25] [REFERRED TO]
SATISH KUMAR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2004-9-56] [REFERRED TO]
JOGINDER SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2002-10-125] [REFERRED TO]
RAJESH KUMAR VS. STATE OF HARYANA [LAWS(P&H)-2003-7-152] [REFERRED TO]
BIHARILAL VS. STATE OF H P [LAWS(HPH)-2004-12-7] [REFERRED TO]
VENKATESH, S/O RACHAIAH VS. STATE OF KARNATAKA [LAWS(KAR)-2020-8-205] [REFERRED TO]
RAGHUNATH VS. STATE OF HARYANA [LAWS(SC)-2002-11-76] [REFERRED TO]
SHAFIQUE VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2014-10-163] [REFERRED TO]
MOHAN GANPATI SATHE VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2016-7-76] [REFERRED TO]
RAM NATH VS. STATE OF U P [LAWS(ALL)-1991-1-136] [REFERRED TO]
NATHOO SINGH VS. STATE [LAWS(ALL)-1996-3-59] [REFERRED TO]
STATE OF MIZORAM VS. KISHAN SINGH [LAWS(GAU)-1997-8-39] [REFERRED TO]
TIKEN CHUTIA VS. STATE OF ASSAM [LAWS(GAU)-2012-2-53] [REFERRED TO]
BRIJ LAL VS. STATE OF RAJASTHAN [LAWS(RAJ)-2006-9-62] [REFERRED TO]
RAM EKBAL SINGH VS. THE STATE OF BIHAR [LAWS(PAT)-2015-8-41] [REFERRED TO]
MANIK CHANDRA VS. STATE OF U.P. [LAWS(ALL)-2018-5-837] [REFERRED TO]
BHAGWATI VS. STATE OF U.P. [LAWS(ALL)-2020-2-286] [REFERRED TO]
VED PARKASH KHARBANDA VS. VIMAL BINDAL [LAWS(DLH)-2013-3-76] [REFERRED TO]
RAJU JAMADAR VS. STATE [LAWS(DLH)-2013-7-598] [REFERRED TO]
JAYRAMBHAI PANCHIYABHAI GAMIT VS. STATE OF GUJARAT [LAWS(GJH)-2017-3-287] [REFERRED TO]
HARDAYAL SINGH VS. STATE OF H.P. [LAWS(HPH)-2003-7-34] [REFERRED TO]
UMESH OJHA VS. STATE OF BIHAR [LAWS(PAT)-2018-6-36] [REFERRED TO]
MOHAN MANDAL; SANDEEP MANDAL VS. STATE OF BIHAR [LAWS(PAT)-2018-3-94] [REFERRED TO]
JABBAR MIAN, SON OF LATE HADISH MIAN VS. STATE OF BIHAR [LAWS(PAT)-2018-4-94] [REFERRED TO]
STATE VS. RUPINDER KUMAR [LAWS(DLH)-2011-4-109] [REFERRED TO]
GORAKH RAMKRUSHNA MOURYA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2011-7-143] [REFERRED TO]
SATYA NARAIN BHAGAT VS. STATE OF BIHAR [LAWS(PAT)-1991-9-9] [REFERRED TO]
RANGANATHAN VS. STATE [LAWS(MAD)-1995-12-4] [REFERRED TO]
STATE VS. SANTHANA KUMAR [LAWS(MAD)-2004-2-52] [REFERRED TO]
BABUNAND RAI VS. STATE OF BIHAR [LAWS(PAT)-1999-12-77] [REFERRED TO]
BHAGWAN JAGANNATH MARKAD & ORS. VS. STATE OF MAHARASHTRA [LAWS(SC)-2016-10-5] [REFERRED TO]
ARVIND KUMAR VS. STATE OF RAJASTHAN [LAWS(SC)-2021-11-47] [REFERRED TO]
RAJINDRA SINGH VS. STATE OF BIHAR [LAWS(SC)-2000-4-69] [REFERRED]
KOLLAM BRAHMANANDA REDDY VS. STATE OF ANDHRA PRADESH [LAWS(APH)-1999-2-39] [REFERRED TO]
NORMAN CAJETAN NAZARETH FERNANDES VS. STATE [LAWS(BOM)-2018-8-129] [REFERRED TO]
RAJENDRA S/O. ADAKUJI CHOUDHARY VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-12-169] [REFERRED TO]
STATE OF MADHYA PRADESH VS. DEVI SINGH [LAWS(MPH)-2011-5-58] [REFERRED TO]
BABU ALIAS VENKATESH BABU VS. STATE OF KARNATAKA [LAWS(KAR)-2000-6-87] [REFERRED TO]


JUDGEMENT

- (1.)On 29-5-1981 at about 8 A.M. a grave rioting took place in the village of Tirro in Varanasi District. In the course of the said rioting two persons Mahendra Singh and Virendra Singh deceased Nos. 1 and 2 were killed and Vijay Narain Singh, P.W. 1, Uma Shankar Singh, P.W. 2 and one Kailash Singh received injuries. In respect of these offences 14 accused were tried under Sections 148 and 302 read with Section 149, I.P.C. Chirkut Singh, accused No. 6 was tried for offence punishable under Section 307, I P.C. for attempting to commit the murder of P.W. 1 and the remaining accused under Section 307 read with Sec. 149, I.P.C. for causing injuries to Uma Shankar Singh, - P.W.2 and Kailash Singh. It is alleged that the material prosecution witnesses, deceased persons and the accused belong to the same village. Since 1972 there have been disputes between these two rival groups. A number of cases were also pending in the Courts. On the day of occurrence at 8 a.m. P.W. 1 went to his pumping set. P.W. 2 Uma Shankar Singh and his relation Kailash Singh were also at the pumping set. Deceased Nos. 1 and 2 were proceeding along with the rasta towards the pumping set for taking bath. When they reached near the Khandhar (old building) of Vijay Pratap Singh Accused No. 5 Lallan Singh exhorted the other accused who Were all lying in wait to kill them. All the 14 accused emerged out of the Khandar. Out of them accused Nos. 1, 3, 4 and 6 (accused Nos. are being referred to as arrayed before the trial Court) were armed with guns and the rest were armed with lathis. They advanced towards deceased Nos. 1 and 2. Accused No. 1 fired a shot which hit deceased No. 1 and he was immediately also shot at by accused No. 3 Ranjit Singh and he fell down. In the meanwhile accused No. 4 Ram Briksh Singh fired at deceased No. 2 Virendra Singh who fell down and both deceased died on the spot. The other accused carrying lathis advanced towards P.W. 1 who ducked and escaped unhurt. Then the lathis-wielding accused assaulted P.W. 1 Vijay Narain Singh, P.W. 2 Uma Shankar Singh and Kailash Singh. P.W. 1 managed to escape and ran away.
(2.)The trial Court relying on the evidence of P.Ws. 1 and 2, who are the main eye-witnesses, convicted all the 14 accused of the offences for which they were charged and the substantial sentence awarded is imprisonment for life under Section 302, I. P.C. read with Section 149, I.P.C. The convicted accused preferred appeals. The State also filed appeal for enhancement of the sentence. A Division Bench of the Allahabad High Court consisting of Justice Katju and Justice Agrawal heard the appeals. justice Katju allowed the appeals filed by the accused and dismissed the appeal filed by the State but the other learned Judge disagreed and dismissed all the appeals concurring with the trial Court. The matter came up before a third Judge Seth, J. He took the view that only such of those accused to whom specific overt acts were attributed could be convicted and the other should be given benefit of doubt. In that' view of the matter he confirmed the conviction of accused Nos. 1, 3, 4 and 6 and, acquitted the rest of the accused. Accused' Nos. 1, 3, 4 and 6 applied for special leave which was granted by this Court and their appeals are numbered as Criminal Appeals Nos. 375-77/87 and the State has preferred appeals against the acquittal of the other remaining 10 accused which are numbered as Criminal Appeals Nos. 372-74/87.
(3.)It is contended on behalf of the State that the occurrence has taken place in broad-day light and merely because the witnesses are interested their evidence cannot be rejected and that the view taken by Justice Seth is incorrect and the view taken by the trial Court as well as by Justice Agrawal has to be accepted. On the other hand, the counsel appearing for the accused submitted that witnesses who were partisans and were highly interested have made omnibus allegations and it is highly dangerous to accept their evidence because there is every likelihood of innocent persons having been falsely implicated. It is also their further submission that the prosecution has not come forward with the whole truth; and that the origin of the occurrence has been suppressed inasmuch as injuries to some of the accused persons have not been explained and consequently it must be held that occurrence did not take place in the manner alleged by the prosecution and that under these circumstances the truth from falsehood cannot be separated and therefore, none of the accused could be convicted.
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