Shyam Babu vs State Of U.P

2) The facts and circumstances giving rise to this appeal are as under:

Since water was overflowing in the channel and entering into the sowed field of the Complainant’s uncle-Gaya Prasad, he asked Mahipal Singh to repair the same. On this issue, an altercation took place between Mahipal Singh and Gaya Prasad. The accused Mahipal Singh left the place saying that he would see him.

(d) In the meanwhile, Lalta Prasad, first cousin of Gaya Prasad and his nephew Jaswant Singh also reached there. At about 11.00 a.m., Nathu Ram and his father Pahunchi Lal resumed ploughing their field. At that time, accused Mahipal Singh and his brothers Shyam Babu and Tej Ram armed with guns, Indal having rifle and Bhabhooti with lathi along with their father Ramjit with spear and Babu Ram – son of Bhabhooti with countrymade pistol reached there. Mahipal Singh, standing near Gaya Prasad, told his associates that he was behaving in an arrogant manner and asked them to make an assault on him. Thereupon, Shyam Babu and Mahipal Singh fired at Gaya Prasad with their respective guns thereby causing injuries to him. On seeing this, Ujagar Singh– son of Gaya Prasad, rushed to save his father and he also sustained pellet injuries by Tej Ram. At that time, Prayag Singh, Pahunchi Lal, Lalta Prasad and Jaswant Singh rushed to the scene of occurrence. Then Ramjit and Bhabhooti shouted that they should also be killed and immediately Indal fired at Jaswant Singh and Prayag Singh using rifle and Babu Ram and Mahipal Singh fired at Pahunchi Lal and Lalta Prasad with country made pistol and gun respectively. All of them fell down in the field of Badan Singh except Prayag Singh, who received injuries. On hearing the hue and cry, Rajendra Singh brother of Nathu Ram and several other persons rushed to the spot and challenged the accused persons. On seeing them, all the accused persons fled away. Due to fatal injuries, Ujagar Singh, Jaswant Singh, Gaya Prasad, Pahunchi Lal and Lalta Prasad died on the spot and Prayag Singh received grievous injuries.

(e) On the same day, i.e., on 21.12.1978, an FIR was lodged by the Complainant - Nathu Ram, son of Pahunchi Lal, at P.S. Bharthana, Etawah against the above-mentioned 7 persons under Sections 147, 148, 149, 307 and 302 of the Indian Penal Code, 1860 (in short ‘the IPC’).

(g) Being aggrieved, the State filed Government Appeal No. 159 of 1981 before the High Court. Pending appeal in the High Court, 4 accused persons, viz., Ramjit, Mahipal Singh, Indal and Bhabhooti died due to natural death and the case against them stood abated.

(h) On 13.01.2006, the High Court allowed the appeal filed by the State and convicted the remaining 3 accused persons, viz., Shyam Babu, Babu Ram and Tej Ram under Sections 148, 307 and 302 read with Section 149 of IPC and sentenced them to undergo rigorous imprisonment under various heads mentioned above including life sentence and all the sentences were to run concurrently.

(i) Being aggrieved by the judgment of the High Court, the remaining 3 accused persons preferred an appeal before this Court under Section 379 of the Code of Criminal Procedure, 1973 (in short ‘the Code’). During the pendency of the appeal, 2 accused persons, viz., Tej Ram and Babu Ram died and appeal against them stood abated and only one accused, Shyam Babu is before this Court facing conviction and sentence.

accused) and Tej Ram with guns, Indal with rifle and Bhabhooti with lathi along with their father Ramjit with spear (ballam) and Babu Ram-son of Bhabhooti with country made pistol reached there. Mahipal Singh pointing at Gaya Prasad started shouting that he was speaking much and should be killed and, immediately thereafter, Shyam Babu and Mahipal Singh fired at Gaya Prasad using guns. When Ujagar Singh rushed towards his father to rescue him, he also received pellet injuries by Tej Ram. He further stated that immediately Pahunchi Lal, Prayag Singh, Lalta Prasad and Jaswant Singh also rushed to the scene of occurrence and then Ramjit and Bhabhooti shouted that they should also be killed. Thereafter, Indal and Babu Ram fired at Jaswant Singh and Pahunchi Lal with their respective weapons. The accused persons also fired at Lalta Prasad and Prayag Singh with their weapons. Ramjit and Bhabhooti also gave blows to the injured with their respective weapons. On sustaining fatal injuries, Pahunchi Lal, Ujagar Singh, Lalta Prasad, Gaya Prasad and Jaswant Singh died on the spot and Prayag Singh received firearm injuries at his back. He also stated that thereafter at about 12.00 noon he went to the police station Bharthana, Etawah situated at a distance of 8 miles from his village and made a written complaint about the occurrence.

Evidentiary value of related witnesses :

examination of all these persons and nothing has come out to impair their credibility. We have also observed that among these three eye-witnesses, PW-3 is an injured witness and his evidence stands on higher pedestal. There is no reason to either disbelieve his version or his presence at the place of occurrence. On the other hand, we agree with their statement and hold that the High Court was justified on relying upon their evidence.

19) In the light of the above discussion, we are unable to accept the reasoning of the trial Court and submissions made by the learned counsel for the appellant. On the other hand, we fully agree with the conclusion arrived at by the High Court. Consequently, the appeal fails and the same is dismissed.

SEPTEMBER 7, 2012.