MOHAR Vs. STATE OF UTTAR PRADESH
LAWS(SC)-2002-9-71
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on
September 17,2002
MOHAR
Appellant
VERSUS
STATE OF UTTAR PRADESH
Respondents
Cited Judgements :-
KALABHAI HAMIRBHAI KACHHOT VS. STATE OF GUJARAT [LAWS(SC)-2021-4-37] [REFERRED TO]GANGA SINGH RAJPUT VS. STATE OF RAJASTHAN [LAWS(RAJ)-2017-11-70] [REFERRED TO]
VIJAY SINGH AND ORS. VS. THE STATE OF BIHAR AND ORS. [LAWS(PAT)-2018-6-267] [REFERRED TO]
BHAGAWAN BAG VS. STATE OF ODISHA [LAWS(ORI)-2022-7-45] [REFERRED TO]
AKRURA BAG VS. STATE OF ORISSA [LAWS(ORI)-2022-9-144] [REFERRED TO]
DEO NARAIN MAHTO VS. STATE OF BIHAR [LAWS(PAT)-2014-1-11] [REFERRED TO]
DAYA VS. STATE OF KARNATAKA [LAWS(KAR)-2021-1-12] [REFERRED TO]
SHEIKH SULTAN VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2009-1-47] [REFERRED TO]
MALLIKARJUN VS. STATE OF KARNATAKA [LAWS(KAR)-2022-7-672] [REFERRED TO]
KHOKAN VS. STATE OF WEST BENGAL [LAWS(CAL)-2024-1-91] [REFERRED TO]
SALMAN SALIM KHAN VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2015-12-63] [REFERRED TO]
RAJDEO PANDEY VS. STATE OF U.P. [LAWS(ALL)-2019-10-227] [REFERRED TO]
PAPPU @ SURENDRA KUMAR SONAR AND (2) OTHERS VS. STATE OF U P [LAWS(ALL)-2017-9-263] [REFERRED TO]
NACHAU SINGH VS. STATE OF U P [LAWS(ALL)-2017-9-305] [REFERRED TO]
JHINKAN @ RAM LAKHAN VS. STATE [LAWS(ALL)-2018-1-679] [REFERRED TO]
ALLA SATYANARAYANA, VIJAYAWADA VS. THE STATE OF A.P. [LAWS(APH)-2017-11-100] [REFERRED TO]
CHANDAN CHAUDHRY VS. STATE OF BIHAR [LAWS(PAT)-2019-10-73] [REFERRED TO]
MADAN SAHNI VS. THE STATE OF BIHAR [LAWS(PAT)-2018-3-60] [REFERRED TO]
CHANDESHWAR SAH VS. STATE OF BIHAR [LAWS(PAT)-2018-1-158] [REFERRED TO]
JASWANTBHAI CHATURBHAI NAI & ORS. VS. STATE OF GUJRAT & ANR. [LAWS(BOM)-2017-5-79] [REFERRED TO]
VALABHAI GHELABHAI BHARWAD VS. STATE OF GUJARAT [LAWS(GJH)-2016-6-218] [REFERRED TO]
SURAJ PARKASH @ CHIKKA VS. STATE NCT OF DELHI [LAWS(DLH)-2016-6-9] [REFERRED TO]
SANTOSH SHUKLA @ SHIV MOHAN SHUKLA AND (3) ORS VS. STATE OF U P [LAWS(ALL)-2017-8-467] [REFERRED TO]
HARI BANSH TIWARI VS. STATE OF U P [LAWS(ALL)-2017-9-301] [REFERRED TO]
AVADESH AND ANOTHER VS. STATE OF U P [LAWS(ALL)-2017-9-244] [REFERRED TO]
AZAD VS. STATE OF U P [LAWS(ALL)-2017-8-492] [REFERRED TO]
BOPPANA BEERAIAH VS. STATE [LAWS(APH)-2016-5-5] [REFERRED TO]
RAM KUNWAR @ RATAN LAL VS. STATE [LAWS(RAJ)-2017-8-4] [REFERRED TO]
AYODHYA PRASAD VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2019-12-244] [REFERRED TO]
DHANTOO VS. STATE OF U P [LAWS(ALL)-2017-9-239] [REFERRED TO]
HAIDER ALI VS. STATE OF U P [LAWS(ALL)-2017-8-466] [REFERRED TO]
NANDE @ TAPESHWARI PRASAD VS. STATE OF U P [LAWS(ALL)-2017-8-475] [REFERRED TO]
MOHD SHAMIM GHOSI & ANOTHER VS. STATE OF U P [LAWS(ALL)-2017-8-471] [REFERRED TO]
SHIV NAYAK VS. STATE OF U P [LAWS(ALL)-2017-6-73] [REFERRED TO]
JAGAN NATH AND OTHERS VS. STATE OF U.P. [LAWS(ALL)-2017-10-319] [REFERRED TO]
VIJAI BAHADUR AND (3) OTHERS VS. STATE OF U P [LAWS(ALL)-2017-9-317] [REFERRED TO]
RAM NATH SINGH AND (4) ORS VS. STATE OF U P [LAWS(ALL)-2018-1-349] [REFERRED TO]
KANHAIYA LAL AND AN OTHER VS. STATE OF U P [LAWS(ALL)-2018-1-347] [REFERRED TO]
SHEO MOHAN VS. STATE OF U P [LAWS(ALL)-2017-9-275] [REFERRED TO]
RAN SINGH ALIAS RAM SINGH VS. STATE OF DELHI [LAWS(DLH)-2007-4-126] [REFERRED TO]
PINTOO @ LAKHAN SINGH & ANOTHER VS. THE STATE OF MADHYA PRADESH [LAWS(MPH)-2018-4-105] [REFERRED TO]
SAGAN VS. STATE OF M P [LAWS(MPH)-2018-6-56] [REFERRED TO]
MUKESH AND ANOTHER VS. STATE FOR NCT OF DELHI AND OTHERS. [LAWS(SC)-2017-5-43] [REFERRED TO]
VIKKI VS. STATE OF MADHYA PRADESH [LAWS(CHH)-2017-8-119] [REFERRED TO]
KADTI RAMA VS. STATE OF M.P. [LAWS(CHH)-2012-8-64] [REFERRED TO]
YUNUS VS. STATE OF U. P. [LAWS(ALL)-2022-12-81] [REFERRED TO]
NAGESH CHANAVIRGONDA PATIL AND ORS. VS. THE STATE OF MAHARASHTRA AND ORS. [LAWS(BOM)-2015-2-293] [REFERRED TO]
DHRUV RAJ RAI VS. STATE OF U P [LAWS(ALL)-2019-9-89] [REFERRED TO]
VISHRAM VS. STATE OF U P [LAWS(ALL)-2017-8-429] [REFERRED TO]
DAL BAHADUR SINGH @ CHHOTU VS. STATE OF U P [LAWS(ALL)-2017-8-380] [REFERRED TO]
HARENDERA VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2019-10-238] [REFERRED TO]
JHAPTI AND (4) OTHERS VS. STATE OF U P [LAWS(ALL)-2017-9-270] [REFERRED TO]
MOTI LAN VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2003-7-244] [REFERRED TO]
BIRSHA MURAH VS. STATE OF ASSAM [LAWS(GAU)-2024-4-36] [REFERRED TO]
YOGESH S/O NATTHUSINGH UIKE VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2018-3-42] [REFERRED TO]
MOHD NADIM VS. STATE [LAWS(DLH)-2018-4-439] [REFERRED TO]
Pachaiyappan VS. State [LAWS(MAD)-2003-7-228] [REFERRED TO]
SANJAY HIRALAL SHAH VS. KRISHNAKANT PANDYA [LAWS(GJH)-2006-7-73] [REFERRED TO]
RAM SEWAK VS. STATE OF M.P. [LAWS(MPH)-2021-11-22] [REFERRED TO]
NAEEM KHAN @ GUDDU VS. STATE [LAWS(DLH)-2013-10-266] [REFERRED TO]
STATE OF GUJARAT VS. AMRA SAMAT RABARI [LAWS(GJH)-2020-1-228] [REFERRED TO]
GANPATBHAI MAHIJIBHAI VS. STATE OF GUJARAT [LAWS(GJH)-2018-11-69] [REFERRED TO]
MANI SHANKAR VS. STATE NCT OF DELHI [LAWS(DLH)-2022-10-30] [REFERRED TO]
WILSON AGNEL FERNANDES VS. STATE, THROUGH THE PUBLIC PROSECUTOR [LAWS(BOM)-2009-7-227] [REFERRED TO]
JAGDAMBA VS. STATE OF U P [LAWS(ALL)-2021-5-28] [REFERRED TO]
CHANDRA PRAKASH @ PRAKASH VS. STATE OF U.P. [LAWS(ALL)-2017-10-318] [REFERRED TO]
JAI PAL SINGH AND (3) OTHERS VS. STATE OF U P [LAWS(ALL)-2017-10-270] [REFERRED TO]
RAJU & OTHERS VS. STATE OF U P [LAWS(ALL)-2016-9-272] [REFERRED]
SIDH NATH SINGH AND (4) OTHERS VS. STATE OF U P [LAWS(ALL)-2017-9-300] [REFERRED TO]
SHYAMOO @ PAPPU VS. STATE OF U P [LAWS(ALL)-2018-1-331] [REFERRED TO]
RAM MILAN AND ANOTHER VS. STATE OF U P [LAWS(ALL)-2017-9-265] [REFERRED TO]
SHYAMA PANASPUTIA VS. STATE OF ORISSA [LAWS(ORI)-2022-9-3] [REFERRED TO]
JAGANNATH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2003-7-33] [REFERRED TO]
RAM RAI, S/O LATE PARDEEP RAI VS. STATE OF BIHAR [LAWS(PAT)-2018-1-104] [REFERRED TO]
VISHUN KUMAR & ANOTHER VS. STATE OF U P [LAWS(ALL)-2017-8-469] [REFERRED TO]
SHEO KUMAR @ BAGGAR VS. STATE OF U P [LAWS(ALL)-2017-9-267] [REFERRED TO]
RAMESHWAR VS. STATE OF C.G. [LAWS(CHH)-2012-9-57] [REFERRED TO]
RAZA AND ORS. VS. STATE OF C.G. [LAWS(CHH)-2018-8-161] [REFERRED TO]
LAL MANI VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2020-5-83] [REFERRED TO]
MALKIAT SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2014-2-543] [REFERRED TO]
DHARMDEV KUMAR, SON OF RAMVILAS MAHTO VS. STATE OF BIHAR [LAWS(PAT)-2017-11-158] [REFERRED TO]
SUNIL PASWAN VS. STATE OF BIHAR [LAWS(PAT)-2017-5-64] [REFERRED TO]
RAM KISHORE TIWARI, SON OF LATE LAXMI TIWARI VS. STATE OF BIHAR [LAWS(PAT)-2018-5-101] [REFERRED TO]
NAKHIA VS. STATE OF ODISHA [LAWS(ORI)-2022-9-10] [REFERRED TO]
RAJAN VS. STATE OF KERALA [LAWS(KER)-2012-9-314] [REFERRED TO]
ABDUL SAYEED VS. STATE OF MADHYA PRADESH [LAWS(SC)-2010-9-91] [REFERRED TO]
BHANWAR LAL @ BHOORA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-3-305] [REFERRED TO]
RAM BAKSHA PATEL VS. STATE OF M.P. [LAWS(MPH)-2018-5-147] [REFERRED TO]
KISAN DHONDIBA KANDGE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2020-7-90] [REFERRED TO]
STATE OF GOA VS. ROSARIO FERRAO [LAWS(BOM)-2022-10-84] [REFERRED TO]
MUNNI LAL VS. STATE OF U.P. [LAWS(ALL)-2020-4-83] [REFERRED TO]
DHAN SINGH VS. STATE OF U.P. [LAWS(ALL)-2020-3-98] [REFERRED TO]
SHYAMA DEVI VS. STATE OF U P [LAWS(ALL)-2017-9-299] [REFERRED TO]
LALLAN @ GAYA RATAN YADAV AND ANOTHER VS. STATE OF U P [LAWS(ALL)-2018-4-120] [REFERRED TO]
UGGAN VS. STATE OF U P [LAWS(ALL)-2017-8-449] [REFERRED TO]
VED YADAV VS. STATE [LAWS(DLH)-2022-10-170] [REFERRED TO]
PRITAM AND OTHERS VS. STATE OF U.P. [LAWS(ALL)-2021-3-4] [REFERRED TO]
SARAVANAN VS. STATE [LAWS(MAD)-2009-4-128] [REFERRED TO]
HAREKRUSHNA NAIK VS. STATE OF ORISSA [LAWS(ORI)-2022-9-44] [REFERRED TO]
BOXING RAI @ RAMAKANT RAI, SON OF LATE RAM DEVAN RAI VS. STATE OF BIHAR [LAWS(PAT)-2017-10-71] [REFERRED TO]
MANIVASAGAM VS. STATE [LAWS(MAD)-2020-12-274] [REFERRED TO]
TIKARAM VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2024-7-30] [REFERRED TO]
SUBASH TAREI VS. STATE OF ODISHA [LAWS(ORI)-2023-7-43] [REFERRED TO]
BALIRAJ SINGH SON OF RAMSINGH GOND VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2012-1-3] [REFERRED TO]
SHUKH DEV AND (2) OTHERS VS. STATE OF U P [LAWS(ALL)-2017-9-312] [REFERRED TO]
RAM JAG VS. STATE OF U P [LAWS(ALL)-2017-9-292] [REFERRED TO]
PADALA RAMU AND OTHERS VS. STATE OF ANDHRA PRADESH REP BY ITS PUBLIC PROSECUTOR HIGH COURT OF A P , HYDERABAD [LAWS(APH)-2018-2-18] [REFERRED TO]
IMRAN VS. STATE [LAWS(DLH)-2012-10-322] [REFERRED TO]
JUDGEMENT
Sema, J. -
(1.)These two appeals arise out of a common judgment and order passed by the High Court of Judicature at Allahabad dated 15th May, 2000 in Criminal Appeal No. 1659 of 1979 and Government Appeal No. 2819 of 1979. Criminal Appeal No. 1659 of 1979 had been preferred by Baljore (the appellant before us in Criminal Appeal No. 787/2002), who was convicted under Section 302, IPC and sentenced to life imprisonment by an order dated 1st May, 1979 passed by the VIth Additional Sessions Judge, Azam-garh, in Sessions Trial No. 533 of 1977. Government Appeal No. 2819 of 1979 had been preferred by the State of U.P. against the acquittal judgment by the Trial Court acquitting Mohar, Tikori and Tapsi (Mohar and Tikori are appellants before us in Criminal Appeal No. 658 of 2000) for the offences punishable under Section 302, 324 and 323 read with Section 34, IPC. By the impugned judgment the High Court, after examining the evidence on record, dismissed Criminal Appeal No. 1659 of 1979 preferred by Baljore and he was convicted and sentenced to imprisonment for life under Section 302 read with Section 34 instead of Section 302, IPC simpliciter, as recorded by the Trial Court. The High Court also allowed the Government Appeal No. 2819 of 1979 by reversing the acquittal of accused Mohar, Tikori and Tapsi, as recorded by the learned trial Judge and convicted each of them under Sections 302, 323 read with Section 34, IPC and sentenced them to undergo imprisonment for life and RI for a period of one year under Section 323 read with Section 34, IPC. The substantive part of sentences were directed to run concurrently. It appears that during the pendency of appeal accused-Tapsi expired and the appeal preferred by him stood abated. Now only the appellants Mohar and Tikori (in Criminal Appeal No. 658/2000) are before us.
(2.)Both the accused and the complainants are residents of village Ultahawa Dewara, P.S. Maharajganj, District Azamgarh. Ramraj - P.W.-1 and deceased-Ram Awadh were also residents of the said village. Towards the north of the houses of Ram Raj and Ram Awadh, there was an Agricultural field of accused-Baljore. There was also an agricultural field of deceased-Ram Awadh nearby. It is stated that in the year 1977 peas crop was existing in the field of Ram Awadh and wheat crop was existing in the field of Baljore.
(3.)The murder of deceased Ram Awadh and Hansraj is a sequel to the quarrel between Km. Kamli, daughter of deceased Ram Awadh and Tufania, son of accused Baljore on 29-1-1997 while they were picking akri and collecting grass adjoining their fields. It is stated that the quarrel between the two children was pacified by Balli (PW-3) and the children retired to their respective houses. When Ram Raj (PW-1) and his brother deceased-Ram Awadh were present in front of their houses and Jagarjit (Jagdish) PW-4 son of deceased-Ram Awadh was milching cow in front of his door, it is said that accused Tapsi armed with lathi, Baljore, Mohar and Tikori armed with spears appeared in front of the house of Ram Raj and on being exhorted by accused Tapsi (since expired) Baljore attacked deceased-Ram Awadh with spear, accused Tapsi attacked Jagarjit (Jagdish) with lathi. On arrival of deceased Hansraj accused Tikori and Mohar attacked Hansraj with spears. Thereafter, the said accused started causing injuries on the deceased Ram Awadh and deceased Hansraj with their respective weapons. Jagarjit (PW-4) and Ram Awadh (deceased) tried to save themselves by plying Hasuwa (sickle) and lathi respectively. It is stated that the deceased Ram Awadh sustained injuries inflicted by spear caused by Baljore and deceased Hansraj sustained injuries caused by Mohar. Jagarjit (PW-4) sustained lathi injuries. On an alarm being raised by Ramraj (PW-1) and injured persons, Vibhuti (PW-2), Balli (PW-3) and Ayodhya came to the spot and witnessed the occurrence. After the incident, both the injured Ram Awadh and Hansraj were taken to Police Station, Maharajganj, at a distance of about five miles from the place of occurrence, and Ram Raj (PW-1) lodged the First Information Report at about 8.50 p.m. Head Constable, Yadunandan Singh (PW6) prepared the First Information Report (Ex. Ka-1) and registered the case vide extract G.D. (Ext. Ka-2) under Sections 323, 324 and 307, IPC.
(2.)Both the accused and the complainants are residents of village Ultahawa Dewara, P.S. Maharajganj, District Azamgarh. Ramraj - P.W.-1 and deceased-Ram Awadh were also residents of the said village. Towards the north of the houses of Ram Raj and Ram Awadh, there was an Agricultural field of accused-Baljore. There was also an agricultural field of deceased-Ram Awadh nearby. It is stated that in the year 1977 peas crop was existing in the field of Ram Awadh and wheat crop was existing in the field of Baljore.
(3.)The murder of deceased Ram Awadh and Hansraj is a sequel to the quarrel between Km. Kamli, daughter of deceased Ram Awadh and Tufania, son of accused Baljore on 29-1-1997 while they were picking akri and collecting grass adjoining their fields. It is stated that the quarrel between the two children was pacified by Balli (PW-3) and the children retired to their respective houses. When Ram Raj (PW-1) and his brother deceased-Ram Awadh were present in front of their houses and Jagarjit (Jagdish) PW-4 son of deceased-Ram Awadh was milching cow in front of his door, it is said that accused Tapsi armed with lathi, Baljore, Mohar and Tikori armed with spears appeared in front of the house of Ram Raj and on being exhorted by accused Tapsi (since expired) Baljore attacked deceased-Ram Awadh with spear, accused Tapsi attacked Jagarjit (Jagdish) with lathi. On arrival of deceased Hansraj accused Tikori and Mohar attacked Hansraj with spears. Thereafter, the said accused started causing injuries on the deceased Ram Awadh and deceased Hansraj with their respective weapons. Jagarjit (PW-4) and Ram Awadh (deceased) tried to save themselves by plying Hasuwa (sickle) and lathi respectively. It is stated that the deceased Ram Awadh sustained injuries inflicted by spear caused by Baljore and deceased Hansraj sustained injuries caused by Mohar. Jagarjit (PW-4) sustained lathi injuries. On an alarm being raised by Ramraj (PW-1) and injured persons, Vibhuti (PW-2), Balli (PW-3) and Ayodhya came to the spot and witnessed the occurrence. After the incident, both the injured Ram Awadh and Hansraj were taken to Police Station, Maharajganj, at a distance of about five miles from the place of occurrence, and Ram Raj (PW-1) lodged the First Information Report at about 8.50 p.m. Head Constable, Yadunandan Singh (PW6) prepared the First Information Report (Ex. Ka-1) and registered the case vide extract G.D. (Ext. Ka-2) under Sections 323, 324 and 307, IPC.
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