Sadhu Saran Singh vs State Of U.P. & Ors

2. It is pertinent to mention here that the appellant before us was not a party before the Courts below and the present appeals have been preferred by him with the leave of this Court. The locus of the appellant is that he is the brother of the informant Bhola Singh (PW1) who died during the pendency of the appeal before the High Court and also paternal uncle of the three deceased persons (Sons of informant Bhola Singh—PW1).

3. The facts in brief, as unfolded by the prosecution case are that Bhola Singh (PW1)—the informant is a resident of village Kanso, district Mau and on 4th October, 1994 at about 8 am when his sons namely Sheo Kumar, Avdhesh and Yogendra (all three deceased) were repairing the cattle trough in presence of one Ganga Singh, brother-in-law of the informant and one Baijnath Singh (PW 2), the accused Ramashraya Singh, Satyendra Singh, Brijendra Singh along with their father Ramchandra Singh armed with deadly weapons came to the Baithka of the informant-Bhola Singh with the company of Kamla Singh and Ram Saran Singh hurling filthy abuses. While Ramchandra Singh exhorted his sons to eliminate the whole family of the victim, the accused Ramashraya Singh and Kamla Singh opened fire with guns while Satyendra Singh and Brijendra Singh attacked with katta upon the three sons of Bhola Singh (PW1). The other accused also attacked the victim party with their respective weapons. In the assault, the three sons of PW1 sustained injuries and fell on the ground and Ganga Singh, brother-in-law of PW1 sustained firearm injuries. During the ongoing tussle, PW1—Bhola Singh ran into the village and raised hue and cry whereupon the assailants took to their heels. The attack resulted into the death of two sons of the informant i.e. Shivshankar and Avadhesh on the spot while another son i.e. Yogendra breathed his last on the way to the hospital.

4. At the instance of the informant (PW1), a First Information Report (Ext. Ka-1) was lodged at 9.15 a.m. on the same day at Haldharpur P.S. wherein PW1 stated that the incident had taken place on account of enmity over land dispute between the parties. Constable Muharrir Ram Manohar Maurya (PW-3) prepared the chick report (Ext. Ka-4) and registered the case as Crime No.219/94 under Sections 147,148, 149, 302, 307 and 504 IPC. The injured Ganga Singh was then sent for medical check up to the Primary Health Centre.

5. Sub-Inspector Riyayatullah Khan, the Investigating Officer visited the place of occurrence, held inquest of the dead bodies, prepared site map and recorded the statement of the informant. He then collected blood stained roll of clay and plain clay and prepared memo. Dr. O.P.Singh (PW 6) who conducted medical examination of the injured Ganga Singh opined in his report (Ext.Ka-33) that all the injuries were caused by fire arms and were sustained within a period of 6 hours.

7. The prosecution, in support of its case, had examined two eyewitnesses, namely, the informant Bhola Singh (PW1), father of all the three deceased persons and Baijnath Singh (PW 2) and five formal witnesses i.e. PW 6 Dr.O.P.Singh and P.W.7 Dr.Jitendra Kumar Singh, PW 5 the Investigating Officer and PW 4 the Sub-Inspector and PW 3 Constable Ram Manohar Maurya, who prepared the chick FIR and General Diary entry pertaining to registration of the case. On the other hand, the accused have produced four witnesses in their defence. During the pendency of trial, one accused, namely, Ramchandra Singh died.

8. The Trial Court, after a full-fledged trial, came to the conclusion that the accused were guilty of committing a cruel and heinous offence and by its detailed judgment dated 22-05-2003 sentenced Ram Saran Singh, Satyendra Singh and Brijendra Singh to undergo life imprisonment for the offence under Section 302/149, IPC and imposed fine of Rs.10,000/-. In default, they were directed to undergo two years’ rigorous imprisonment. They were also convicted under Section 307/149 IPC and sentenced to seven years’ rigorous imprisonment and a fine of Rs.5,000/-. In default, to undergo one year rigorous imprisonment. Conviction under Section 148 IPC was also recorded against these appellants. They were sentenced to two years’ rigorous imprisonment and a fine of Rs.1,000/-. In default, six months’ rigorous imprisonment was imposed on them. Death Sentence was imposed upon Ramashraya Singh and Kamla Singh under Section 302/149 IPC with a fine of Rs.10,000/-. In default, the appellants were directed to undergo two years’ rigorous imprisonment. They were also convicted under Section 307/149 IPC and were sentenced to 7 years’ rigorous imprisonment and a fine of Rs.5,000/-. In default, to undergo rigorous imprisonment for one year. Conviction under Section 148 IPC was also recorded against these appellants. They were sentenced to two years’ rigorous imprisonment and a fine of Rs.1,000/-. In default of payment of fine, six months’ rigorous imprisonment was imposed.

9. Aggrieved thereby, all the five accused persons preferred criminal appeals before the High Court. The High Court recorded complete disagreement with the findings given by the Sessions Judge and allowed the appeals of the accused by setting aside the judgment of the trial Court and acquitted them of the charges and also rejected the Reference for confirmation of death sentence of the accused Ramashraya Singh and Kamala Singh. Dissatisfied with the order of acquittal passed by the High Court, the brother of the deceased informant filed the present appeals by way of special leave.

ix) We are also of the considered opinion that the reasons given by the High Court to reverse the conviction and sentence of the accused are flimsy, untenable and bordering on perverse appreciation of evidence.

x) The trial Court has awarded death sentence to Ramashraya Singh and Kamla Singh. On this issue, we are not able to concur with the view taken by the trial Court as the reasoning of the trial Court does not convince us that this is the rarest of the rare cases which warrants the penalty of death sentence.

22. For the aforesaid reasons, we reach to the irresistible conclusion that these appeals deserve to be allowed and the impugned judgment and order has to be set aside. Accordingly, we allow these appeals by setting aside the impugned judgment and order passed by the High Court and modify the judgment and order passed by the Trial Court by convicting all the accused respondents to life imprisonment under Section 302/149 IPC with a fine of Rs.10,000/-. In default, they are directed to undergo rigorous imprisonment for six months. They are also convicted under Section 307/149 IPC and sentenced to seven years’ rigorous imprisonment and a fine of Rs.5,000/-. In default, they shall undergo rigorous imprisonment for three months. Conviction under Section 148 IPC is also recorded against the accused respondents and they are sentenced to two years’ rigorous imprisonment and a fine of Rs.1,000/-. In default, they have to undergo three months’ rigorous imprisonment. All the sentences shall run concurrently.