State Of U.P vs Sukhpal Singh & Ors

2. Brief facts which are necessary to dispose of these appeals are recapitulated as under:-

3. It is stated that the incident had taken place on 1.9.1979 at 7.45 am and the FIR was lodged at 9.15 p.m. on the same night. The case against the accused persons was registered and investigated.

4. The injured eye witnesses were medically examined on the same night at the Primary Health Centre, Sikandrarao by Dr. S.K. Jha. The condition of Hiralal and Aidal Singh was precarious and their dying declarations were recorded at Sikandrarao by Shri Ram Autar Saxena, Tehsildar Magistrate, PW9. Later on, both Hira Lal and Aidal Singh succumbed to their injuries.

5. Aidal Singh in his dying declaration specifically named Sukhpal Singh as assailant who had fired at him and Hiralal named Sukhpal, Harpal and Ajanti whom he had identified 4 and who had fired shots at him. He also stated that there were 10/15 persons armed with double barrel guns. They had given beatings. In the instant case, according to the prosecution version, two persons namely Hira Lal and Aidal Singh were killed and Chandan Giri, PW3 and Smt. Longshree PW5 wife of Hira Lal were injured. The accused persons were recognized in the light of lantern and moonlight. The accused persons were otherwise known to the witnesses. The complainant has stated that Sukhpal and Harpal were his cousins and Ajanti was accused's sarhu (brother-in-law - husband of the sister of the wife of accused Sukhpal). Accused Munna Giri was also known to him as the sister of Munna Giri was married in his village and in that connection Munna Giri used to visit this village off and on. Both the accused and Sukhpal were friends.

6. Chandan Giri, PW3 had executed a sale deed of some of his abadi land in his favour and in favour of his two brothers on 20.7.1979 for which agreement has been executed on 6.6.1979 and Chandan Giri after the execution of the sale deed parted with the possession of that land. Before the 5 execution of the said sale deed, accused Sukhpal got a sale deed of the same land executed in his favour from Chhauttan Giri and Jamuna Giri and for that matter proceedings under sections 107 and 145 of Cr.P.C. were started and when there was much tension on that account, Hira Lal had reported the matter to the police and, consequently, FIRs were lodged.

7. PW3 Chandan Giri stated that on 1.9.1979 at about 7.45 in the evening, while he was returning from the temple after worshipping the deity, Chhabi Nath, a close relation of Hiralal who was sitting in front of the door of the house of Hiralal called him and he accordingly went to him where besides him Tikam Singh, Hiralal and Kundan Singh were also present. While they were sitting there, some miscreants came on the spot armed with guns and other weapons. Out of the miscreants, he could identify accused Harpal, Sukhpal, Ajanti and Munna Giri who were otherwise known to him held fire arms in their possession. The miscreants also entered the house of Hiralal and caused injuries to Aidal Singh and others who were inside the house. He stated that the accused 6 persons had also removed the licensed gun from the house of Hiralal.

12. According to the doctor, the injuries to Hiralal, Aidal Singh and Chandan Giri could be caused by gun shots while injuries to Smt. Longshree could be caused by some lathi or danda. The doctor further stated that he had written a letter to Tehsildar Magistrate, Sikandrarao for recording the dying declarations of Aidal Singh and Hiralal and their statements were recorded. The injured were in fit condition to make statements for which he appended his certificates Exs. Ka.13 and Ka.14. The Tehsildar Magistrate also obtained the thumb impression of Aidal Singh and signature of Hiralal on the statements before him.

13. Smt. Longshree, PW5, wife of Hiralal deceased, is an injured eye-witness. In her testimony, she clearly stated that at about 7.30 p.m. in the night, she was inside her house with the wife of Aidal Singh and along with the children of her 10 family. At that time, she was busy cooking food while her husband Hiralal was sitting in the chowk along with Chandan Giri and some others. About 8 or 10 miscreants had entered her house armed with guns, lathis and kattas etc. and started firing as a result of which her husband Hiralal and Chandan Giri were injured. Inside the house, the miscreants injured her and Aidal Singh as well. The miscreants uttered that they would destroy the family of Hiralal and they in fact took away the gun and some other articles. She also stated that there was moonlight and lantern light and she could identify accused Ajanti, Munna Giri, Sukhpal and Harpal who were otherwise known to her. The miscreants made their escape good from the spot. She was also medically examined and the doctor found number of injuries as enumerated in the preceding paragraphs.

23. This finding cannot be supported by evidence on record. This finding also runs contrary to the earlier finding of the High Court and is contrary to the evidence on record.

27. The High Court erroneously set aside a well reasoned judgment of the trial court which is based on correct 16 evaluation of evidence of injured eye-witnesses and other witnesses and dying declarations on record.

29. The evidence on record clearly reveals that the accused persons entered the premises of the deceased Hiralal for committing dacoity. They had looted a licensed gun and other articles and in the process they had also killed Hiralal and Aidal Singh and injured Smt. Longshree and Chandan Gir. 17

33. Ordinarily this court would have been very reluctant to interfere with the judgment of acquittal but in this case for very substantially and compelling reasons we are constraint to set aside the impugned judgment of the High Court because the High Court totally misread the entire evidence on record.

34. On consideration of the totality of facts and circumstances particularly evidence on record, the impugned judgment cannot be sustained and is, consequently, set aside and the judgment of the trial court is restored. Accordingly, the appeals are allowed.

35. The bail bonds of the respondents are cancelled. They are directed to surrender forthwith to serve out the remaining 21 sentence and if the accused-respondents do not surrender, in that event, the State is directed to arrest the respondents and lodge them before the concerned jail to serve out the sentence.

January 12, 2009