STATE OF U.P. Vs. GIRISH PAL
LAWS(ALL)-2017-5-211
HIGH COURT OF ALLAHABAD
Decided on
May 11,2017
STATE OF U.P.
Appellant
VERSUS
GIRISH PAL
Respondents
Referred Judgements :-
SANWAT SINGH V. STATE OF RAJASTHAN [REFERRED TO]STATE OF U.P. V. ANIL SINGH [REFERRED TO]
RAJAN RAI V. STATE OF BIHAR [REFERRED TO]
RAM GULAM CHAUDHURY V. STATE OF BIHAR [REFERRED TO]
RAM KUMAR V. STATE OF HARYANA [REFERRED TO]
SHRI BHAGWAN V. STATE OF RAJASTHAN [REFERRED TO]
RAMESH V. STATE OF HARYANA [REFERRED TO]
SADHU SARAN SINGH V. STATE OF U.P. [REFERRED TO]
SHEO SWARUP V. KING EMPEROR [REFERRED TO]
TULSIRAM KANU VS. STATE [REFERRED TO]
SURAJPAL SINGH VS. STATE [REFERRED TO]
KRIPAL VS. STATE OF UTTAR PRADESH [REFERRED TO]
MADAN MOHAN SINGH VS. STATE OF UTTAR PRADESH [REFERRED TO]
PANDURANG VS. STATE OF HYDERABAD [REFERRED TO]
ATLEY VS. STATE OF UTTAR PRADESH [REFERRED TO]
AHER RAJA KHIMA VS. STATE OF SAURASHTRA [REFERRED TO]
BALBIR SINGH VS. STATE OF PUNJAB [REFERRED TO]
BHARWAD MEPA DANA VS. STATE OF BOMBAY [REFERRED TO]
M G AGARWAL M K KULKARNI VS. STATE OF MAHARASHTRA [REFERRED TO]
STATE OF UTTAR PRADESH VS. BHAGWANT KISHORE JOSHI [REFERRED TO]
NOOR KHAN VS. STATE OF RAJASTHAN [REFERRED TO]
UGAR AHIR VS. STATE OF BIHAR [REFERRED TO]
KHEDU MOHTON VS. STATE OF BIHAR [REFERRED TO]
LEKHA YADAV VS. STATE OF BIHAR [REFERRED TO]
BISHAN SINGH GURDIAL SINGH HARDIAL SINGH SURJIT SINGH HARBANS SINGH HAZUR SINGH VS. STATE OF PUNJAB [REFERRED TO]
SHIVAJI SAHABRAO BOBADE VS. STATE OF MAHARASHTRA [REFERRED TO]
RAM JAG VS. STATE OF UTTAR PRADESH [REFERRED TO]
KHEM KARAN VS. STATE OF UTTAR PRADESH [REFERRED TO]
AMIR HUSSAIN VS. STATE OF UTTAR PRADESH [REFERRED TO]
PEDDA NARAYANA VS. STATE OF ANDHRA PRADESH [REFERRED TO]
MAINA SINGH VS. STATE OF RAJASTHAN [REFERRED TO]
UMEDBHAI JADAVBHAT VS. STATE OF GUJARAT [REFERRED TO]
INDERSINGH VS. STATE DELHI ADMINISTRATION [REFERRED TO]
K GOPALREDDY VS. STATE OF ANDHRA PRADESH [REFERRED TO]
STATE OF UTTAR PRADESH VS. M K ANTHONY [REFERRED TO]
TOTA SINGH VS. STATE OF PUNJAB [REFERRED TO]
MADAN GOPAL KAKKAD VS. NAVAL DUBEY [REFERRED TO]
BEHARI PRASAD VS. STATE OF BIHAR [REFERRED TO]
RAMESH BABULAL DOSHI VS. STATE OF GUJARAT [REFERRED TO]
MADAN LAL VS. STATE OF JAMMU AND KASHMIR [REFERRED TO]
SAMBASIVAN VS. STATE OF KERALA [REFERRED TO]
BAHADUR NAIK VS. STATE OF BIHAR [REFERRED TO]
BHAGWAN SINGH VS. STATE OF MADHYA PRADESH [REFERRED TO]
KRISHNA MOCHI VS. STATE OF BIHAR [REFERRED TO]
JOGINDER SINGH VS. STATE OF HARYANA [REFERRED TO]
C ANTONY VS. K G RAGHAVAN NAIR [REFERRED TO]
LALLAN RAI VS. STATE OF BIHAR [REFERRED TO]
AMAR SINGH VS. BALWINDER SINGH [REFERRED TO]
CHITTAR LAL VS. STATE OF RAJASTHAN [REFERRED TO]
STATE OF MADHYA PRADESH VS. MANSINGH [REFERRED TO]
STATE OF KARNATAKA VS. K GOPALAKRISHNA [REFERRED TO]
CHANDRAPPA VS. STATE OF KARNATAKA [REFERRED TO]
STATE OF GOA VS. SANJAY THAKRAN [REFERRED TO]
STATE OF U P VS. HARI CHAND [REFERRED TO]
C MUNIAPPAN VS. STATE OF TAMIL NADU [REFERRED TO]
SAMBHU DAS ALIAS BIJOY DAS VS. STATE OF ASSAM [REFERRED TO]
BHAJAN SINGH ALIAS HARBHAJAN SINGH VS. STATE OF HARYANA [REFERRED TO]
DAYAL SINGH VS. STATE OF UTTARANCHAL [REFERRED TO]
MAHBUB SHAH VS. EMPEROR [REFERRED TO]
DARBARA SINGH VS. STATE OF PUNJAB [REFERRED TO]
GAJOO VS. STATE OF UTTARAKHAND [REFERRED TO]
HEMA VS. STATE, THR. INSPECTOR OF POLICE [REFERRED TO]
GOUDAPPA VS. STATE OF KARNATAKA [REFERRED TO]
BARENDRA KUMAR GHOSE VS. EMPEROR [REFERRED TO]
SULTAN SINGH VS. STATE OF HARYANA [REFERRED TO]
VIJENDRA SINGH VS. STATE OF UTTAR PRADESH [REFERRED TO]
JUDGEMENT
SHASHI KANT, J. -
(1.)This Government Appeal under Sec. 378 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") has been filed by State of Uttar Pradesh against judgment and order dated 08.05.2003 passed by Sri Raj Bahadur Singh, Additional Sessions Judge, Court No. 13, Bareilly in Sessions Trial No. 1434 of 1999 (State Vs. Girish Pal and 3 Ors.) arising out of Case Crime No. 1 of 1997, under Sections 304, 308, 323, 336, 452, 504 of the Indian Penal Code, 1860 (for short 'the I.P.C.'), Police Station Sheeshgarh, District Bareilly, whereby accused-respondents Girish Pal, Bhagwan Das, Ravindra and Dharmpal have been acquitted for the offences punishable under above sections.
(2.)The brief facts of the case are as under :
2.1 The informant Sushila Devi (P.W. 1) submitted a written report (Ext. Ka-1) on 01.01.1997 at 7.15 P.M. at Police Station Sheeshgarh, District Bareilly stating therein that earlier on that date at about 5 P.M., accused-respondents Girish Pal, Bhagwan Das, Ravindra and Dharam Pal were assaulting one Chandra Sen because he was demanding back the money from Tullan advanced by him to Tullan and others. In order to save himself he ran and entered the house of deceased Fakir Chand. Accused-respondents also reached there chasing him. On hearing the cries of Chandra Sen to save him, Fakir Chand intervened and asked the accused-respondents not to assault him there. On this, Chandra Sen hit with a brick on his head, other accused inflicted lathi blows. Consequently, he received grievous injuries on his head and other parts of the body. When Shyama Devi (P.W. 7) tried to save her husband, she was also assaulted by the accused respondents. Informant took her father in unconscious state alongwith Smt. Shyama Devi, Chandra Sen, Chandra Mohan on Sawari Ghoda Tanga of Dilwar Shah to the police station. The incident was also witnessed by Jagan Lal and Harish etc.
2.2 On the basis of the above written report, Case Crime No. 1/97 was registered under Sections 452, 308, 336, 323, 504 IPC. Entry for registration of the case was made at GD Rapat No. 29 at 19.45 p.m. dated 01.01.1997 (Copy thereof is Exhibit Ka-10). Investigation of the case was entrusted to S.I.Vijendra Pal Singh (P.W. 5).
2.3 The injured Fakir Chand, Chandra Sen and Smt. Shyama Devi were sent to Sadar Hospital, Bareilly along with Chitthi Majroobi (Ext. Ka-4, Ka-2 and Ka-3) for their medical examination.
2.4 Dr. P.C. Saxena (P.W. 3) examined Smt. Shyama Devi and Chandra Sen and prepared their injury reports (Ext. Ka-3 and Ext. Ka 2). However, on examination of Fakir Chand, he found that he was brought dead. This fact was informed by him vide Ext. Ka-12 to S.H.O. Kotwali, Bareilly, which was entered at GD Rapat No. 23 dated 02.01.1997 at 22.53 p.m., Ext. Ka-13.
2.5 On the above information S.I. Mahipal Singh reached the spot and prepared inquest memo, Ext. Ka 14. He also prepared sample seal, Ext. Ka-15, police paper No-13, Ext. Ka-16 Photo of Dead body, Ext. Ka-17, letter to C.M.O. Ext. Ka-18, letter to R.I., Ext. Ka- 19, in Police Form No. 33 and sent the dead body for postmortem examination.
2.6 Dr. V.K. Mishra, P.W.4 conducted the postmortem examination on the body of Fakir Chand on 02.01.1997 at 3.00 p.m. and prepared the postmortem report (Ext. Ka-5).
2.7 After receipt of postmortem report, Sec. 304 Penal Code was added in the case vide G.D. Rapat No. 13, dated 03.01.1997 at 11.15 a.m. (Copy thereof is Ext. Ka-11).
2.8 After taking over the investigation, the Investigating Officer (P.W. 5) recorded statement of informant PW-1 Sushila Devi and Const. Jagat Singh and copied the FIR etc. On the next day he reached to the spot and after inspection, prepared the site plan (Ext. Ka-6). During investigation he has also recorded statements of witnesses Chandra Sen, Km.Meena Verma, Km. Radha Verma, Devi Prasad, Ved Prakash, Constable Jayendra Singh, Hatendra Kumar, Smt. Shyama Devi, Dilwar Shah, Tullan, Constable Sewa Ram and Munesh Kumar. On 14.01.1997, he arrested the accused Girish Pal and after completing necessary formalities of investigation, filed charge sheet, Exhibit Ka-8, against the accused-respondents.
2.9 In due course, the case was committed to the Court of Sessions. The Court below framed charges against the accused respondents, under Sections 452, 308/34, 388, 323/34, 506, 304/34 IPC, who denied the charges and claimed to be tried.
2.10 To prove its case, prosecution has examined Sushila Devi (P.W.1), Km. Radha (P.W. 2), Dr. P.C. Saxena (P.W. 3), Dr. V.K. Mishra (P.W. 4), SI Vijendra Pal Singh (P.W. 5), Constable Sewa Ram (P.W. 6) and Smt. Shyama Devi (P.W. 7) as oral evidence and Ext. Ka-1 to Ext. Ka-19 as documentary evidence.
2.11 In their statements recorded under Sec. 313 Crimial P.C., the accused-respondents denied the prosecution case as well as documentary and oral evidence produced by the prosecution and claimed their false implication in the case due to enmity. The accused-respondents have not produced any oral evidence. However, in the documentary evidence, they have filed certified copies of statements of Km. Sushila (Ext. Kha-1), Km. Radha (Ext. Kha-2); charge-sheet (Ext. Kha 3); and copy of judgment in Case No. 1340 of 1996 (Ext. Kha 4); statements of Km.Meena (Ext. Kha 5); Smt. Shyama Devi (Ext. Kha 6); Copy of charge-sheet in Case No. 374 of 1999 (Ext. Kha 7); and copy of judgment (Ext. Kha 8) in Case No. 374 of 1999; and Copy of postmortem report of Fakir Chand (Ext. Kha-9) in Sessions Trial No. 1434 of 1999.
(3.)After evaluating the evidence and material available on record, the Trial Court has passed the impugned judgment and order dated 08.05.2003 acquitting the accused-respondents.
(2.)The brief facts of the case are as under :
2.1 The informant Sushila Devi (P.W. 1) submitted a written report (Ext. Ka-1) on 01.01.1997 at 7.15 P.M. at Police Station Sheeshgarh, District Bareilly stating therein that earlier on that date at about 5 P.M., accused-respondents Girish Pal, Bhagwan Das, Ravindra and Dharam Pal were assaulting one Chandra Sen because he was demanding back the money from Tullan advanced by him to Tullan and others. In order to save himself he ran and entered the house of deceased Fakir Chand. Accused-respondents also reached there chasing him. On hearing the cries of Chandra Sen to save him, Fakir Chand intervened and asked the accused-respondents not to assault him there. On this, Chandra Sen hit with a brick on his head, other accused inflicted lathi blows. Consequently, he received grievous injuries on his head and other parts of the body. When Shyama Devi (P.W. 7) tried to save her husband, she was also assaulted by the accused respondents. Informant took her father in unconscious state alongwith Smt. Shyama Devi, Chandra Sen, Chandra Mohan on Sawari Ghoda Tanga of Dilwar Shah to the police station. The incident was also witnessed by Jagan Lal and Harish etc.
2.2 On the basis of the above written report, Case Crime No. 1/97 was registered under Sections 452, 308, 336, 323, 504 IPC. Entry for registration of the case was made at GD Rapat No. 29 at 19.45 p.m. dated 01.01.1997 (Copy thereof is Exhibit Ka-10). Investigation of the case was entrusted to S.I.Vijendra Pal Singh (P.W. 5).
2.3 The injured Fakir Chand, Chandra Sen and Smt. Shyama Devi were sent to Sadar Hospital, Bareilly along with Chitthi Majroobi (Ext. Ka-4, Ka-2 and Ka-3) for their medical examination.
2.4 Dr. P.C. Saxena (P.W. 3) examined Smt. Shyama Devi and Chandra Sen and prepared their injury reports (Ext. Ka-3 and Ext. Ka 2). However, on examination of Fakir Chand, he found that he was brought dead. This fact was informed by him vide Ext. Ka-12 to S.H.O. Kotwali, Bareilly, which was entered at GD Rapat No. 23 dated 02.01.1997 at 22.53 p.m., Ext. Ka-13.
2.5 On the above information S.I. Mahipal Singh reached the spot and prepared inquest memo, Ext. Ka 14. He also prepared sample seal, Ext. Ka-15, police paper No-13, Ext. Ka-16 Photo of Dead body, Ext. Ka-17, letter to C.M.O. Ext. Ka-18, letter to R.I., Ext. Ka- 19, in Police Form No. 33 and sent the dead body for postmortem examination.
2.6 Dr. V.K. Mishra, P.W.4 conducted the postmortem examination on the body of Fakir Chand on 02.01.1997 at 3.00 p.m. and prepared the postmortem report (Ext. Ka-5).
2.7 After receipt of postmortem report, Sec. 304 Penal Code was added in the case vide G.D. Rapat No. 13, dated 03.01.1997 at 11.15 a.m. (Copy thereof is Ext. Ka-11).
2.8 After taking over the investigation, the Investigating Officer (P.W. 5) recorded statement of informant PW-1 Sushila Devi and Const. Jagat Singh and copied the FIR etc. On the next day he reached to the spot and after inspection, prepared the site plan (Ext. Ka-6). During investigation he has also recorded statements of witnesses Chandra Sen, Km.Meena Verma, Km. Radha Verma, Devi Prasad, Ved Prakash, Constable Jayendra Singh, Hatendra Kumar, Smt. Shyama Devi, Dilwar Shah, Tullan, Constable Sewa Ram and Munesh Kumar. On 14.01.1997, he arrested the accused Girish Pal and after completing necessary formalities of investigation, filed charge sheet, Exhibit Ka-8, against the accused-respondents.
2.9 In due course, the case was committed to the Court of Sessions. The Court below framed charges against the accused respondents, under Sections 452, 308/34, 388, 323/34, 506, 304/34 IPC, who denied the charges and claimed to be tried.
2.10 To prove its case, prosecution has examined Sushila Devi (P.W.1), Km. Radha (P.W. 2), Dr. P.C. Saxena (P.W. 3), Dr. V.K. Mishra (P.W. 4), SI Vijendra Pal Singh (P.W. 5), Constable Sewa Ram (P.W. 6) and Smt. Shyama Devi (P.W. 7) as oral evidence and Ext. Ka-1 to Ext. Ka-19 as documentary evidence.
2.11 In their statements recorded under Sec. 313 Crimial P.C., the accused-respondents denied the prosecution case as well as documentary and oral evidence produced by the prosecution and claimed their false implication in the case due to enmity. The accused-respondents have not produced any oral evidence. However, in the documentary evidence, they have filed certified copies of statements of Km. Sushila (Ext. Kha-1), Km. Radha (Ext. Kha-2); charge-sheet (Ext. Kha 3); and copy of judgment in Case No. 1340 of 1996 (Ext. Kha 4); statements of Km.Meena (Ext. Kha 5); Smt. Shyama Devi (Ext. Kha 6); Copy of charge-sheet in Case No. 374 of 1999 (Ext. Kha 7); and copy of judgment (Ext. Kha 8) in Case No. 374 of 1999; and Copy of postmortem report of Fakir Chand (Ext. Kha-9) in Sessions Trial No. 1434 of 1999.
(3.)After evaluating the evidence and material available on record, the Trial Court has passed the impugned judgment and order dated 08.05.2003 acquitting the accused-respondents.
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