STATE OF UTTAR PRADESH Vs. JAGDEO
LAWS(SC)-2002-12-71
SUPREME COURT OF INDIA
Decided on
December 10,2002
STATE OF UTTAR PRADESH
Appellant
VERSUS
JAGDEO
Respondents
Cited Judgements :-
SATTAR VS. STATE OF U.P. [LAWS(ALL)-2019-4-304] [REFERRED TO]DIGANTAN MUKHERJEE VS. RAJU ROY [LAWS(CAL)-2022-12-52] [REFERRED TO]
DEVI SINGH AND OTHERS VS. STATE OF U.P. [LAWS(ALL)-2020-8-25] [REFERRED TO]
SALAUDDIN VS. STATE OF U.P. [LAWS(ALL)-2019-12-251] [REFERRED TO]
RAM NARESH VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2019-10-228] [REFERRED TO]
BIRESH KUMAR VS. STATE OF U P [LAWS(ALL)-2018-4-112] [REFERRED TO]
KHUDA BUX @ KODAI VS. STATE OF U.P. [LAWS(ALL)-2016-10-157] [REFERRED TO]
RAM SINGH VS. STATE OF U P [LAWS(ALL)-2017-12-184] [REFERRED TO]
MEHATTAR DAS @ GANGA MAHANT VS. STATE OF CHHATTISGARH [LAWS(CHH)-2017-9-75] [REFERRED TO]
JOGENDRO MAHKUL VS. STATE OF CHHATTISGARH THROUGH - STATION HOUSE OFFI [LAWS(CHH)-2017-5-62] [REFERRED TO]
AMIT RAI @ PALTU VS. STATE OF CHHATTISGARH [LAWS(CHH)-2017-5-38] [REFERRED TO]
JAI @ GUDDA JAISWAL VS. STATE OF CHHATTISGARH [LAWS(CHH)-2018-8-60] [REFERRED TO]
BHARATBHAI DANABHAI VS. STATE OF GUJARAT [LAWS(GJH)-2011-12-250] [REFERRED TO]
SHRIPAT, SON OF PANCHAM LAL YADAV VS. STATE OF M P [LAWS(MPH)-2010-9-115] [REFERRED]
NAQUI HAIDER @ ROSHAN VS. STATE OF BIHAR [LAWS(PAT)-2017-11-3] [REFERRED TO]
IRFAN VS. STATE OF U.P. [LAWS(ALL)-2020-1-189] [REFERRED TO]
BHULAN VS. STATE OF U.P. [LAWS(ALL)-2013-5-65] [REFERRED TO]
KARTAR SINGH VS. STATE OF U P [LAWS(ALL)-2012-9-172] [REFERRED TO]
TAPAN SARDAR VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2016-2-50] [REFERRED TO]
MANOJ ALIAS MUNNA PATEL VS. STATE OF U P [LAWS(ALL)-2016-9-166] [REFERRED]
DILSHAD VS. STATE OF U.P. [LAWS(ALL)-2016-10-100] [REFERRED TO]
ASTAFA & OTHERS VS. STATE OF U.P. [LAWS(ALL)-2016-10-141] [REFERRED TO]
ATHAR VS. STATE OF U P [LAWS(ALL)-2019-5-225] [REFERRED TO]
STATE OF U. P. VS. SAHAB SINGH [LAWS(ALL)-2022-7-176] [REFERRED TO]
STATE VS. V.P. PANDI @ ATTACK PANDI [LAWS(MAD)-2019-3-751] [REFERRED TO]
SHANKAR ALIAS DULAL VS. STATE OF RAJASTHAN [LAWS(RAJ)-2005-10-44] [REFERRED TO]
STATE OF BIHAR VS. AJIT KUMAR [LAWS(PAT)-2020-10-15] [REFERRED TO]
GYAN RAVI DAS VS. THE STATE OF BIHAR [LAWS(PAT)-2015-2-30] [REFERRED TO]
MILAN SAHU VS. STATE OF CHHATTISGARH [LAWS(CHH)-2020-8-78] [REFERRED TO]
SAIDU MOHAMMED VS. STATE OF KERALA [LAWS(KER)-2005-9-26] [REFERRED TO]
RAJINDER KUMAR VS. STATE OF DELHI [LAWS(DLH)-2018-11-367] [REFERRED TO]
RAM JEEVAN VS. STATE OF U.P. [LAWS(ALL)-2019-4-300] [REFERRED TO]
RAM KISHAN VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2019-9-126] [REFERRED TO]
S K TIWARI VS. H M B SINHA [LAWS(ALL)-2019-10-76] [REFERRED TO]
PRABHU VS. STATE OF U.P. [LAWS(ALL)-2019-11-304] [REFERRED TO]
DEEN DAYAL @ MUNNA VS. STATE [LAWS(ALL)-2017-3-155] [REFERRED TO]
NARAYAN PRASAD SEN VS. STATE OF WEST BENGAL [LAWS(CAL)-2015-6-132] [REFERRED]
SUMAY SINGH VS. STATE OF DELHI [LAWS(DLH)-2006-3-203] [REFERRED TO]
PATHROSE VS. STATE OF KERALA [LAWS(KER)-2014-11-153] [REFERRED TO]
MOOSA VS. STATE OF U. P. [LAWS(ALL)-2021-4-17] [REFERRED TO]
MEERA @ ASHMEER VS. STATE OF U. P. [LAWS(ALL)-2019-8-8] [REFERRED TO]
LAL SINGH VS. STATE OF U.P. [LAWS(ALL)-2013-7-47] [REFERRED TO]
SIDDAPPA APPASAHEB SARAWARI VS. STATE OF KARNATAKA [LAWS(KAR)-2020-6-87] [REFERRED TO]
MOHD JAFAR MAULANA & ANR VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-3-318] [REFERRED TO]
RAM KISHORE TIWARI, SON OF LATE LAXMI TIWARI VS. STATE OF BIHAR [LAWS(PAT)-2018-5-101] [REFERRED TO]
YOGESH SINGH VS. MAHABEER SINGH & ORS. [LAWS(SC)-2016-10-41] [REFERRED TO]
RAMBARAN SINGH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2005-3-11] [REFERRED TO]
MUNIYANDI @ MUNIRAJ VS. STATE OF TAMIL NADU [LAWS(MAD)-2019-11-111] [REFERRED TO]
NARSAPPA VS. STATE OF KARNATAKA [LAWS(KAR)-2017-2-153] [REFERRED TO]
GAURAV RANA VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2016-11-102] [REFERRED TO]
G ASHOK ALIAS JADUKATTALA ASHOK VS. STATE OF A P [LAWS(APH)-2006-2-70] [REFERRED TO]
BOPPANA BEERAIAH VS. STATE [LAWS(APH)-2016-5-5] [REFERRED TO]
NARESH KUMAR VS. STATE [LAWS(DLH)-2013-12-125] [REFERRED TO]
STATE VS. C RONALD [LAWS(CAL)-2004-10-21] [REFERRED TO]
RAVI VS. STATE OF U.P. [LAWS(ALL)-2020-12-24] [REFERRED TO]
BINNU SRIVASTAVA @ PAWAN SRIVASTAVA VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2019-11-137] [REFERRED TO]
PATANJALI BHARDWAJ AND ORS. VS. STATE OF U.P. [LAWS(ALL)-2018-12-215] [REFERRED TO]
JAHANGIR @ GUDDU VS. STATE OF U P [LAWS(ALL)-2018-5-217] [REFERRED TO]
ROOP NARAIN MISHRA VS. STATE OF U.P. [LAWS(ALL)-2016-10-59] [REFERRED TO]
BIJENDR VS. STATE OF U.P. [LAWS(ALL)-2017-1-223] [REFERRED TO]
GIRISH GUPTA VS. STATE [LAWS(ALL)-2012-10-126] [REFERRED TO]
RAM KUNWAR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2003-5-40] [REFERRED TO]
BABULAL VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2017-10-165] [REFERRED TO]
TILAK SINGH VS. STATE OF M P [LAWS(MPH)-2017-10-309] [REFERRED TO]
JIJABAI BABAN HARNAIK VS. SANTOSH GOVIND TARI [LAWS(BOM)-2006-9-196] [REFERRED TO]
SAMBHU NATH VS. STATE OF U.P. [LAWS(ALL)-2020-4-82] [REFERRED TO]
SALIK RAM VS. STATE OF U P [LAWS(ALL)-2018-2-496] [REFERRED TO]
HARISH CHANDRA VS. STATE OF U P [LAWS(ALL)-2019-2-223] [REFERRED TO]
RAFIT ALI VS. STATE OF ASSAM [LAWS(GAU)-2005-9-25] [REFERRED TO]
BABAR ALI VS. STATE OF ASSAM [LAWS(GAU)-2005-4-17] [REFERRED TO]
DARSHAN LAL VS. STATE [LAWS(UTN)-2004-9-1] [REFERRED TO]
KRISHNA KANT CHATURVEDI VS. STATE OF U.P. [LAWS(ALL)-2012-10-2] [REFERRED TO]
DURAB VS. STATE OF U.P. [LAWS(ALL)-2016-8-70] [REFERRED TO]
SHIV BABU VS. STATE OF U.P. [LAWS(ALL)-2019-2-218] [REFERRED TO]
RAJESH ALIAS PILLU VS. STATE OF U.P. [LAWS(ALL)-2019-12-374] [REFERRED TO]
HARENDERA VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2019-10-238] [REFERRED TO]
JAGDISH VS. STATE OF U. P. [LAWS(ALL)-2021-7-39] [REFERRED TO]
CHHATTU RAM URAON S/O BALDU RAM URAON VS. STATE OF C G THROUGH [LAWS(CHH)-2017-5-59] [REFERRED TO]
SANJAY VS. STATE OF CHHATTISGARH [LAWS(CHH)-2019-10-38] [REFERRED TO]
PRITHWISH CHOWDHURY VS. STATE OF WEST BENGAL [LAWS(CAL)-2006-9-47] [REFERRED TO]
JITENDRA KUMAR @ KAHAR @ JITENDRA KAHAR VS. STATE OF JHARKHAND [LAWS(JHAR)-2021-4-22] [REFERRED TO]
RAJ KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-8-17] [REFERRED TO]
MADAN KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(MPH)-2018-3-215] [REFERRED TO]
Pachaiyappan VS. State [LAWS(MAD)-2003-7-228] [REFERRED TO]
SURENDRA SINGH VS. STATE OF UTTARANCHAL [LAWS(UTN)-2004-8-17] [REFERRED TO]
RANJIT SINGH VS. STATE OF MADHYA PRADESH [LAWS(SC)-2010-10-114] [REFERRED TO]
SURESH KUMAR SAIKIA VS. STATE OF ASSAM [LAWS(GAU)-2004-1-46] [REFERRED TO]
TRIDIBSARMA VS. STATE OF ASSAM [LAWS(GAU)-2004-4-34] [REFERRED TO]
MAHENDRA VS. STATE OF U.P. [LAWS(ALL)-2019-9-298] [REFERRED TO]
AWADHESH VS. STATE OF U.P. [LAWS(ALL)-2020-5-16] [REFERRED TO]
ABDUL KARIM AND ORS. VS. STATE OF U.P. [LAWS(ALL)-2020-3-132] [REFERRED TO]
SHAMSUL ISLAM@AFROZ VS. STATE OF U.P. [LAWS(ALL)-2016-10-81] [REFERRED TO]
INSPECTOR VS. STATE OF U P [LAWS(ALL)-2016-9-239] [REFERRED]
AYODHYA PRASAD VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2019-12-244] [REFERRED TO]
RAHUL VS. STATE OF U.P. [LAWS(ALL)-2019-12-256] [REFERRED TO]
SURESH KUMAR MALLAH VS. STATE OF U.P. [LAWS(ALL)-2019-3-264] [REFERRED TO]
SURESH CHANDRA PATHAK VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2022-8-21] [REFERRED TO]
JAGDISH PRASAD VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-1-338] [REFERRED TO]
RAKESH KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2017-12-10] [REFERRED TO]
JUDGEMENT
Arun Kumar, J. -
(1.)These appeals arise from a judgment of the High Court dated 24th February, 1994 acquitting all the accused persons of the charge of committing murder of Ram Lachhan and Rajendra. As a matter of fact, ten persons namely, Bhola, Lallan, Jagdeo, Sumer, Amardeo, Babban, Shrikishun, Jagdish, Deep Chaudhary and Sheoji were charged for offences under Sections 302/149/148/147 IPC for the murder of the said two persons. Out of the ten accused, two accused namely, Jagdish and Deep Chaudhary were discharged under Section 227 of the Criminal Procedure Code while the remaining eight were tried. The trial Court convicted all the accused persons. Accused Bhola, Lallan, Jagdeo, Sumer, Amar Deo, Babban, Shrikishun and Sheoji were each sentenced by the trial Court to undergo imprisonment for life under Sections 302/147, IPC. They were further sentenced to undergo rigorous imprisonment for five years each under Section 307 read with Section 149, IPC. Accused Bhola, Lallan, Amardeep, Babban and Sheoji were sentenced to undergo rigorous imprisonment for two years each under Section 148 IPC and accused Jagdeo, Sumer and Srikishun were sentenced to undergo rigorous imprisonment for one year each under Section 147 IPC. All the sentences of the accused persons were directed by the Sessions Court to run concurrently.
(2.)According to the prosecution case, the accused persons formed an unlawful assembly on 10th July, 1978 at about 9.00 p.m. at the tube well of P.W. 1 - Ramraj in village Amghat, Police Station Bansdih Road with the common object of murdering family members of Ramraj. Accused Bhola and Lallan were said to be armed with guns, accused Babban and Sheoji were armed with revolvers while Amardeo had spear. Rest of the accused had lathis with them. In furtherance of the common object of the unlawful assembly, Ram Lachhan - father of Ramraj - P.W. 1 and Rajendra son of P.W. 4 (Sudama) were murdered. Sudama - P.W. 4 also received gun-shot injuries. Deceased Ram Lachhan along with his four sons - P.W. 1 Ramraj, P.W. 4 - Sudama, Sudarshan and Ram Nath was residing in a house in village Amghat. The house of Ram Lachhan was surrounded on three sides by the houses of the accused persons. The house of accused Lallan and Jagdeo adjoins the court-yard of the house of the deceased Ram Lachhan towards the east. The cause of trouble between the accused persons and the family of the victim is said to be that some of the accused were extending their houses so as to encroach on the court-yard of Ram Lachhan - deceased. Members of the family of Ram Lachhan were objecting to this. About 15 days before the incident, a quarrel had taken place between the families on this score. As a result of this, the efforts of Lallan and Jagdeo to encroach towards the house of the deceased could not fructify. Gangadhari, brother of the accused - Bhola was arrested in some other matter. However, the accused had the feeling that he had been arrested on account of the dispute between the two families referred to above. At the time of arrest of Gangadhari, he and his brother Bhola had threatened the family of the deceased to take revenge.
(3.)On the night of 10th July, 1978 at about 9.00 p.m., P.W. 1 - Ramraj and his brother Sudarshan and Ram Nath were sleeping on the roof of the tube well about three furlongs away from their house. Deceased Ram Lachhan and Rajendra along with P.W. 4 - Sudama - father of Rajendra were also lying on cots in the open space towards the east of the tube well room. There were three electric bulbs fixed at the tube well and in the adjoining court yard. The bulbs were of 100 watts strength and were lightened at the time of incident. All the accused persons came armed as mentioned earlier. They asked as to where P.W.1 - Ramraj was. Bhola remarked that these persons had got his brother arrested for which he would teach them a lesson. Sudama replied back that they had no hand in the arrest of Bholas brother - Gangadhari. However, Bhola exhorted the other accused to kill the persons of victims family and see that none of them escaped. Thereupon, the accused started firing with their fire arms injuring Rajendra, Sudama and Ram Lachhan. Hearing noise of gun fire. P.W. 1 - Ramraj and his two brothers silently creeped down the roof of the tube well. The noise attracted P.W. 2 - Firangi from the neighbourhood who came with lathi and torch. He saw the incident and raised an alarm. The accused thereupon ran away towards the south-west corner. P.W. 1 - Ramraj and P.W. 2 - Firangi came near the injured. Ram Lachhan was already dead. Rajendra also died a few moments later. Sudama was lying on the ground in a seriously injured condition. P.W. 1 prepared written report and signed the same. He arranged a cot for Sudama and sent Sudama to Bansdih Road Police Station with Sudarshan. The written report reached the police station at 10.15 p.m. Formal FIR was drawn on the basis of the written report and was registered. The Investigating Officer tried to record the statement of Sudama in which he succeeded only partly. Sudama was thereafter sent to hospital in a jeep. The Investigating Officer came to the spot at 11.00 p.m. and took the statement of Ramraj - P.W. 1. The dead bodies were sent for post-mortem. The statement of P.W. 2 - Firangi was also recorded. The Investigating Officer inspected the spot and prepared the site plan. He collected blood from the spot. He found pellets and bullets at the spot and collected them. Memos were prepared with respect to all these. During the course of investigation, the electric bulbs were found to be in working condition. The accused persons were untraceable. Accused - Bhola was arrested next day while other accused could not be arrested immediately. Ultimately all the accused except Sheoji surrendered in court. They were charge sheeted. Sheoji was declared as an absconder. During night at about 11.30 p.m. Sudama - P. W. 4 was examined by the Investigating Officer. Five injuries of serious nature were found on his body. The injuries were fresh. The injury report is Ex. Ka.2. The doctor gave the opinion that these injuries could have been caused on the same night at about 9.00 p.m. According to the doctor, the condition of the injured was precarious. The injured was sent to Varanasi for treatment. Doctor S. R. Sanyal - Medical Superintendent. District Hospital, Ballia - P.W. 9 performed the autopsy on Rajendra and Ram Lachhan on 11th July, 1978. The post-mortem reports gave details of injuries found on the dead bodies of Ram Lachhan and Rajendra. It is a long list which need not be reproduced. The injuries were found sufficient to cause death.
(2.)According to the prosecution case, the accused persons formed an unlawful assembly on 10th July, 1978 at about 9.00 p.m. at the tube well of P.W. 1 - Ramraj in village Amghat, Police Station Bansdih Road with the common object of murdering family members of Ramraj. Accused Bhola and Lallan were said to be armed with guns, accused Babban and Sheoji were armed with revolvers while Amardeo had spear. Rest of the accused had lathis with them. In furtherance of the common object of the unlawful assembly, Ram Lachhan - father of Ramraj - P.W. 1 and Rajendra son of P.W. 4 (Sudama) were murdered. Sudama - P.W. 4 also received gun-shot injuries. Deceased Ram Lachhan along with his four sons - P.W. 1 Ramraj, P.W. 4 - Sudama, Sudarshan and Ram Nath was residing in a house in village Amghat. The house of Ram Lachhan was surrounded on three sides by the houses of the accused persons. The house of accused Lallan and Jagdeo adjoins the court-yard of the house of the deceased Ram Lachhan towards the east. The cause of trouble between the accused persons and the family of the victim is said to be that some of the accused were extending their houses so as to encroach on the court-yard of Ram Lachhan - deceased. Members of the family of Ram Lachhan were objecting to this. About 15 days before the incident, a quarrel had taken place between the families on this score. As a result of this, the efforts of Lallan and Jagdeo to encroach towards the house of the deceased could not fructify. Gangadhari, brother of the accused - Bhola was arrested in some other matter. However, the accused had the feeling that he had been arrested on account of the dispute between the two families referred to above. At the time of arrest of Gangadhari, he and his brother Bhola had threatened the family of the deceased to take revenge.
(3.)On the night of 10th July, 1978 at about 9.00 p.m., P.W. 1 - Ramraj and his brother Sudarshan and Ram Nath were sleeping on the roof of the tube well about three furlongs away from their house. Deceased Ram Lachhan and Rajendra along with P.W. 4 - Sudama - father of Rajendra were also lying on cots in the open space towards the east of the tube well room. There were three electric bulbs fixed at the tube well and in the adjoining court yard. The bulbs were of 100 watts strength and were lightened at the time of incident. All the accused persons came armed as mentioned earlier. They asked as to where P.W.1 - Ramraj was. Bhola remarked that these persons had got his brother arrested for which he would teach them a lesson. Sudama replied back that they had no hand in the arrest of Bholas brother - Gangadhari. However, Bhola exhorted the other accused to kill the persons of victims family and see that none of them escaped. Thereupon, the accused started firing with their fire arms injuring Rajendra, Sudama and Ram Lachhan. Hearing noise of gun fire. P.W. 1 - Ramraj and his two brothers silently creeped down the roof of the tube well. The noise attracted P.W. 2 - Firangi from the neighbourhood who came with lathi and torch. He saw the incident and raised an alarm. The accused thereupon ran away towards the south-west corner. P.W. 1 - Ramraj and P.W. 2 - Firangi came near the injured. Ram Lachhan was already dead. Rajendra also died a few moments later. Sudama was lying on the ground in a seriously injured condition. P.W. 1 prepared written report and signed the same. He arranged a cot for Sudama and sent Sudama to Bansdih Road Police Station with Sudarshan. The written report reached the police station at 10.15 p.m. Formal FIR was drawn on the basis of the written report and was registered. The Investigating Officer tried to record the statement of Sudama in which he succeeded only partly. Sudama was thereafter sent to hospital in a jeep. The Investigating Officer came to the spot at 11.00 p.m. and took the statement of Ramraj - P.W. 1. The dead bodies were sent for post-mortem. The statement of P.W. 2 - Firangi was also recorded. The Investigating Officer inspected the spot and prepared the site plan. He collected blood from the spot. He found pellets and bullets at the spot and collected them. Memos were prepared with respect to all these. During the course of investigation, the electric bulbs were found to be in working condition. The accused persons were untraceable. Accused - Bhola was arrested next day while other accused could not be arrested immediately. Ultimately all the accused except Sheoji surrendered in court. They were charge sheeted. Sheoji was declared as an absconder. During night at about 11.30 p.m. Sudama - P. W. 4 was examined by the Investigating Officer. Five injuries of serious nature were found on his body. The injuries were fresh. The injury report is Ex. Ka.2. The doctor gave the opinion that these injuries could have been caused on the same night at about 9.00 p.m. According to the doctor, the condition of the injured was precarious. The injured was sent to Varanasi for treatment. Doctor S. R. Sanyal - Medical Superintendent. District Hospital, Ballia - P.W. 9 performed the autopsy on Rajendra and Ram Lachhan on 11th July, 1978. The post-mortem reports gave details of injuries found on the dead bodies of Ram Lachhan and Rajendra. It is a long list which need not be reproduced. The injuries were found sufficient to cause death.
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