Kali Prasad Singh vs The State Of Uttar Pradesh

2. The appeals are preferred by the accused-appellants against the conviction and sentence imposed by the Sessions Court and affirmed by the High Court vide judgment and order(s) dated 09.10.2009 for commission of offence under Section 302, IPC.

3. Short facts of the case are that the first informant- Rajendra Singh, resident of Baijnath, Police Station Ramgarh, District Bhabhua, Bihar was preparing for civil services at Allahabad and his brothers Surendra Singh and Abhinav Rathore were residing at Varanasi. A week prior to the incident, the first informant had come to Varanasi from Allahabad. His younger Digitally signed by R brother Surendra Singh-deceased was working with NATARAJAN Date: 2019.04.10 16:47:12 IST Topkan Opticals Rathyatra. On 18.02.2000 at about 9 p.m., Reason:

Kali Prasad @ Paintol and Santosh Kumar Singh, armed with country made pistol, came from the side lane, caught hold of his brother-Surendra Singh and fired at his neck and temple (Kanpati). Hearing the shrieks of the complainant, constable Nepal Singh (PW-3) who also resided in the same locality came out of house and challenged the accused, who ran away. Surendra Singh died instantaneously. A number of close by residents arrived at the scene. The complainant was able to recognize the accused in the light of electric bulb. Ram Narayan was alleged to be the master-mind behind the occurrence who had conspired with the accused to eliminate the deceased.

4. The prosecution examined as many as eight witnesses. Rajendra Singh was the only eye witness and was examined as PW-1, Sanjay Kumar Rai was examined as PW-2, Constable Nepal Singh as PW-3, Constable Uma Shanker Singh as PW-4, SI R.P. Rai who performed the inquest report was examined as PW-5, Inspector M.S. Chaudhary was examined as PW-6, SI Ashok Kumar Pandey who investigated the matter under Section 25 of the Arms Act was examined as PW-7 and J.P. Tripathi was examined as PW-8.

5. Recovery of one country made pistol of 12 bore and 12 bore cartridge was made on 22.03.2000 by the police party led by Ashok Kumar Pandey along with SI Vinod Dubey. Constable Raja Ram Ranjan and constable Sanjay Kumar Ojha received information that one of the accused involved in the murder of Surendra Singh was present in the court campus. He was arrested at 12.10 p.m. and unlicensed arm and cartridge were recovered.

6. The Sessions Court vide judgment and order dated 29.01.2002 convicted both the accused under Section 302 IPC and awarded life imprisonment along with a fine of Rs.5,000/- each. In case of default of deposit of fine amount, they were directed to further undergo six months’ imprisonment each. Accused Kali Prasad was acquitted from the charges framed under Section 25 of the Arms Act.

7. The High Court vide judgment and order dated 09.10.2009, dismissed the appeal(s) of the appellants and upheld the conviction and sentence. Hence the appeals.

9. The incident occurred on 18.2.2000. The FIR has been received by the concerned Magistrate on 21.2.2000, whereas the distance of the Court from the police headquarters was 200 yards. Intimation has been sent belatedly and the same also buttresses the plea that FIR has been ante-timed and the same was registered after giving desired shape to the story later on. The version of the complainant cannot be relied upon in the absence of any corroboration.

20. Thus, we find that the prosecution has proved case beyond reasonable doubt and the High Court and trial Court have rightly convicted the appellants for offence under Section 302, IPC.

21. Considering the facts and circumstances of the case, we find that no case is made out to interfere in the impugned judgment and order(s).

22. The appeals are dismissed. The conviction and sentence imposed by the Courts below are confirmed.

MARCH 28, 2019.