GANESH DATT Vs. STATE OF UTTARAKHAND
LAWS(SC)-2014-6-4
SUPREME COURT OF INDIA (FROM: UTTARAKHAND)
Decided on
June 11,2014
Ganesh Datt
Appellant
VERSUS
STATE OF UTTARAKHAND
Respondents
Cited Judgements :-
BRIKHODA REANG VS. STATE OF TRIPURA [LAWS(TRIP)-2019-12-5] [REFERRED TO]RAJEGOWDA VS. STATE OF KARNATAKA [LAWS(KAR)-2020-9-145] [REFERRED TO]
KAYEEL YADAV S/O MAHADEO PRASAD YADAV VS. STATE OF U P [LAWS(ALL)-2014-11-104] [REFERRED TO]
ASHOK SINGH @ MINTU SINGH (PINTU) VS. STATE OF U P [LAWS(ALL)-2016-5-376] [REFERRED]
HANUMAN SAHAI AND OTHERS VS. STATE OF RAJASTHAN [LAWS(RAJ)-2018-8-161] [REFERRED TO]
RAM EKBAL SINGH VS. THE STATE OF BIHAR [LAWS(PAT)-2015-8-41] [REFERRED TO]
MD. SAINUL VS. STATE OF BIHAR [LAWS(PAT)-2022-6-12] [REFERRED TO]
BOYA SREENIVASULU VS. STATE OF A.P. [LAWS(TLNG)-2018-11-35] [REFERRED TO]
KASAM ALISHA SHAIKH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2016-12-158] [REFERRED TO]
MAHADEO ORAON VS. STATE OF JHARKHAND [LAWS(JHAR)-2022-2-33] [REFERRED TO]
ANTONY VS. STATE [LAWS(MAD)-2019-11-194] [REFERRED TO]
SRI. K. SUBRAMANI @ MANI VS. STATE OF KARNATAKA [LAWS(KAR)-2020-9-3] [REFERRED TO]
DAVE INDRAVADAN BALDEVPRASAD VS. STATE OF GUJARAT [LAWS(GJH)-2015-7-180] [REFERRED]
STATE OF MAHARASHTRA VS. JAHANGIR BABU FAKIR [LAWS(BOM)-2021-10-86] [REFERRED TO]
SYED CHAND (SINCE DIED) AND OTHERS VS. STATE OF A P [LAWS(APH)-2016-6-59] [REFERRED]
SOHAN S/O LALSINGH DHAKAD VS. STATE OF M P [LAWS(MPH)-2016-1-93] [REFERRED]
SHAMBHU CHOUDHARY VS. STATE OF BIHAR [LAWS(PAT)-2022-12-47] [REFERRED TO]
ELANGBAM GOPAL SINGH VS. STATE OF MANIPUR [LAWS(MANIP)-2022-12-8] [REFERRED TO]
MD USTAR ALI BHUYAN VS. STATE OF ASSAM [LAWS(GAU)-2021-4-21] [REFERRED TO]
DADURAM VS. STATE OF CHHATTISGARH [LAWS(CHH)-2020-2-198] [REFERRED TO]
DIBAKAR SWAIN VS. STATE OF ODISHA [LAWS(ORI)-2022-7-1] [REFERRED TO]
JUDGEMENT
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(1.)Both the appeals are preferred against the judgment and order dated 22.12.2010 passed by the High Court of Uttarakhand at Nainital in Criminal Appeal No.927 of 2001.
(2.)The appellants 1 to 4 in Criminal Appeal No. 1884 of 2011, Sudarshan Verma, Jagdish, Deep Narain and Rajendra were accused Nos. 1 to 4 and the appellant Ganesh Datt in Criminal Appeal No.1881 of 2011 was accused No.5 in Sessions Trial case No.109 of 1990 on the file of Vth Additional Sessions Judge, Nainital and were tried for the charges under Sections 147, 148, 302 read with 149, 307 read with 149 and Section 324 read with 149 IPC, and the Trial Court convicted and sentenced each of them to undergo life imprisonment under Section 302/149 IPC; Rigorous Imprisonment for a period of 7 years under Section 307/149 IPC; Rigorous Imprisonment for a period of one year under Section 324/149 IPC, Rigorous Imprisonment for a period of six months under Section 147 IPC and Rigorous Imprisonment for a period of one year under Section 148 IPC. Challenging the conviction and sentence they preferred Criminal Appeal No.927 of 2001 and the High Court of Uttarakhand at Nainital dismissed the appeal. Aggrieved by the same they have preferred the present appeals.
(3.)Shorn of unnecessary details the case of the prosecution is as follows : PW1 Bali Raj, PW2 Moti Lal deceased Prabhunath and Raj Bali are sons of PW3 Ram Lakhan. On 26.8.1989 at about 6.00 a.m. they along with servant Bahadur, were sitting in the verandah of the house of Prabhunath and at that time accused persons Sudarshan Varma armed with country made pistol, Deep Narain armed with gun, Jagdish armed with axe (Farsa), Rajendra and Ganesh Datt armed with lathis came there and accused Sudarshan shouted to kill them today itself and by so saying he fired at Prabhunath with pistol and accused Deep Narain fired gunshots at PW2 Motilal and Raj Bali and accused Jagdish attacked PW2 Motilal with axe on neck which he defended by left hand resulting in injuries and accused Rajendra and Ganesh attacked them with lathis. On the sound of fire and shouting the villagers came there and accused fled away.
(2.)The appellants 1 to 4 in Criminal Appeal No. 1884 of 2011, Sudarshan Verma, Jagdish, Deep Narain and Rajendra were accused Nos. 1 to 4 and the appellant Ganesh Datt in Criminal Appeal No.1881 of 2011 was accused No.5 in Sessions Trial case No.109 of 1990 on the file of Vth Additional Sessions Judge, Nainital and were tried for the charges under Sections 147, 148, 302 read with 149, 307 read with 149 and Section 324 read with 149 IPC, and the Trial Court convicted and sentenced each of them to undergo life imprisonment under Section 302/149 IPC; Rigorous Imprisonment for a period of 7 years under Section 307/149 IPC; Rigorous Imprisonment for a period of one year under Section 324/149 IPC, Rigorous Imprisonment for a period of six months under Section 147 IPC and Rigorous Imprisonment for a period of one year under Section 148 IPC. Challenging the conviction and sentence they preferred Criminal Appeal No.927 of 2001 and the High Court of Uttarakhand at Nainital dismissed the appeal. Aggrieved by the same they have preferred the present appeals.
(3.)Shorn of unnecessary details the case of the prosecution is as follows : PW1 Bali Raj, PW2 Moti Lal deceased Prabhunath and Raj Bali are sons of PW3 Ram Lakhan. On 26.8.1989 at about 6.00 a.m. they along with servant Bahadur, were sitting in the verandah of the house of Prabhunath and at that time accused persons Sudarshan Varma armed with country made pistol, Deep Narain armed with gun, Jagdish armed with axe (Farsa), Rajendra and Ganesh Datt armed with lathis came there and accused Sudarshan shouted to kill them today itself and by so saying he fired at Prabhunath with pistol and accused Deep Narain fired gunshots at PW2 Motilal and Raj Bali and accused Jagdish attacked PW2 Motilal with axe on neck which he defended by left hand resulting in injuries and accused Rajendra and Ganesh attacked them with lathis. On the sound of fire and shouting the villagers came there and accused fled away.
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