{"id":177124,"date":"2010-07-01T00:00:00","date_gmt":"2010-06-30T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/putti-singh-vs-state-of-u-p-on-1-july-2010"},"modified":"2018-09-01T19:51:08","modified_gmt":"2018-09-01T14:21:08","slug":"putti-singh-vs-state-of-u-p-on-1-july-2010","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/putti-singh-vs-state-of-u-p-on-1-july-2010","title":{"rendered":"Putti Singh vs State Of U.P. on 1 July, 2010"},"content":{"rendered":"
Allahabad High Court<\/div>\n
Putti Singh vs State Of U.P. on 1 July, 2010<\/div>\n
Crl. Appeal No. 1026 of 1982\nPutti Singh Vs State of UP\n\n\nHON'BLE YATINDRA SINGH, J\nHON'BLE SURENDRA SINGH, J.\n<\/pre>\n
1. This is an appeal against the judgement of the IX th Additional Sessions Judge,
\nKanpur (the ASJ) dated 30.3.1982 in ST No. 388 of 1980; State of UP Vs. Kallo
\nand others under section 302 IPC.\n<\/p>\n
                                          THE FACTS\n<\/p>\n
2. An incident happened on 2.8.1980 between 11:00-12:00 hours. In this incident,
\none Nanaka (the Deceased) was injured. He died in the hospital on 12.8.1980. His
\ncousin Manhgoo (the Informant) lodged the FIR at 15:10 hours on 2.8.1980.\n<\/p>\n
3. The allegations in the FIR are as follows:\n<\/p>\n
      The Informant, Sattideen, Dularey, and the Deceased were at the fields of
\n      the Deceased where rice was being planted.
\n      At about 11:00-12:00 hours, Kallu alias Udaiveer and Putti Singh {Kalloo
\n      and Putti Singh (the Appellant) are referred to as the Accused} came to the
\n      fields with barchhi in their hands.\n<\/p><\/blockquote>\n
      The Accused asked the Deceased why was he flowing water from his
\n      agricultural field in their agricultural fields.
\n      The Deceased answered that raining water was logged and there was no
\n      other way for the water to escape.\n<\/p><\/blockquote>\n
      The Appellant said that the Deceased was arguing a lot and he should be
\n      punished.\n<\/p><\/blockquote>\n
      Kalloo Singh hit the Deceased by barchhi. On which the Deceased fell.
\n      When the other villagers namely Ram Singh and Makhan, who were in their
\n      fields, challanged the Accused, they ran away.\n<\/p><\/blockquote>\n
4. The dying declaration of the Deceased was recorded by the SDM at 16:10 hours
\non 2.8.1980 (Ex K-2). His statement under section 161 was recorded. It was also
\nproved as a dying declaration (Ex Ka-12).\n<\/p>\n
5. The Deceased died on 12.8.1980 and his post-mortem was conducted on
\n13.8.1980.\n<\/p>\n
                                                                                     2<\/span><\/p>\n
6. The police investigated the case and submitted the charge sheet. The case was
\ncommitted to the session’s court and was registered ST No. 388 of 1980.\n<\/p>\n
7. The ASJ framed charge on 25.8.1981. Both the Accused were charged under
\nsection 307 read with section 34 IPC. Subsequently, the prosecution filed an
\napplication to change the charge. It was allowed on 12.1.1982 and the charge was
\naltered to under section 302 read with section 34 IPC.\n<\/p>\n
8. Among others, the prosecution filed the following documents:\n<\/p>\n
      Copy of the FIR dated 2.8.1980 (Ex Ka-1);\n<\/p><\/blockquote>\n
      Dying declaration of Nanka before the SDM dated 2.8.1980 (Ex Ka-21);
\n      Fitness certificate dated 2.8.1980 given by the Medical Officer (Ex Ka-15);
\n      Injury report of the Deceased dated 2.8.1980 (Ex Ka-14);
\n      Post Mortem examination report of the Deceased dated 13.8.1980 (Ex Ka-\n<\/p><\/blockquote>\n
      17);\n<\/p><\/blockquote>\n
      Affidavit of Sri Srikant Tripathi, constable dated 16.3.1982 (Ex Ka-21): he
\n      had carried the dead body for post-mortem;
\n      Statement of Nanka under section 161 CrPC datd 5.8.1980 that was proved
\n      as dying declaration (Ex Ka-12);\n<\/p><\/blockquote>\n
      Site plan with the Index dated 3.8.1980 (Ex Ka-2);\n<\/p><\/blockquote>\n
9. The prosecution examined the following witnesses.\n<\/p>\n
       Mahngoo (PW-1): Informant, cousin of the Deceased, and an eye witness;
\n      Satiram (PW-2): Nephew of the Deceased and an eye witness;
\n      Ram Singh (PW-3): Independent eye witness;\n<\/p>\n
      Ajab Singh (PW-4): Investigation Officer (IO);
\n      Dr. Surendra Singh (PW-5): Doctor, examined the injuries and also gave
\n      certificate of fitness before recording dying declaration;
\n      Dr. PN Mathur (PW-6): Doctor, conducted the post-mortem;
\n      Satyanarain Mishra (PW-7): Head constable, prepared the chick;
\n      Jagdish Chandra Adarsh (PW-8): SDM recorded the dying declaration.\n<\/p>\n
10. The statement of Accused under section 313 was recorded on 25.3.1982. They
\ndenied their involvement in the incident and said that they are being involved in the
\ncase due to enmity.\n<\/p>\n
                                                                                     3<\/span><\/p>\n
11. Among others, the Accused filed the map of the agricultural fields (Ex Kha-1)
\nand also examined the following witnesses.\n<\/p>\n
      Sri Har Pratap Singh (DW-1): Deposed about enmity with Ram Singh (PW-\n<\/p>\n
      3);\n<\/p>\n
      Sri Ramshankar Srivastava (DW-2): Lekhpal, proved the map.\n<\/p>\n
12. The ASJ by his judgment dated 30.3.1982 convicted the Accused under
\nsection 302 read with section 34 IPC and sentenced them to imprisonment for life.\n<\/p>\n
13. The Accused filed different appeals. Kallo Singh filed Criminal Appeal No. 1033
\nof 1982. He died during pendency of the appeal. His appeal was abated on
\n11.7.2007. Putti Singh (the Appellant) filed Criminal Appeal No. 1026 of 1982. It
\nsurvives for determination.\n<\/p>\n
                         POINTS FOR DETERMINATION\n<\/p>\n
14. We have heard Sri Ashok Kumar Pandey as a friend of the court for the
\nAppellant and Sri AK Dwivedi, AGA for the State. The following points arise for
\ndetermination.\n<\/p>\n
      (i) Whether the Appellant was present and participated in the incident.\n<\/p>\n
      (ii) In case the Appellant is guilty then what offence has he committed.\n<\/p>\n
      (iii) In case the answer to the aforesaid question is in affirmative then what
\n      punishment should be awarded to him.\n<\/p>\n
             1ST POINT: APPELLANT PARTICIPATED IN THE INCIDENT\n<\/p>\n
15. In order to prove its case, the prosecution examined eight witnesses. Out of
\nthese eight, three namely the Informant (PW-1), Satiram (PW-2) and Ram Singh
\n(PW-3) are witnesses of facts. They are eyewitnesses. The rest of them are formal
\nwitnesses.\n<\/p>\n
16. The eyewitnesses namely the Informant (PW-1), Satiram (PW-2) and Ram
\nSingh (PW-3) have deposed that:\n<\/p>\n
      There was altercation between the Deceased and the Accused for flowing
\n      water through their fields;\n<\/p><\/blockquote>\n
      The Appellant had exhorted to hit the Deceased;
\n      Kalloo Singh hit the Deceased with barchhi.\n<\/p><\/blockquote>\n
                                                                                     4<\/span><\/p>\n
17. There is no contradiction in their statement. There is nothing to disbelieve
\nthem.\n<\/p>\n
18. Among others, the prosecution has also produced two dying declarations, one
\nwas recorded by the SDM (Ex Ka-21) and the other was the statement recorded by
\nthe IO and was proved as a dying declaration (Ex Ka-12).\n<\/p>\n
19. Dr. Surendra Singh (PW-5) had initially examined the injuries of the Deceased.
\nHe has recorded the following injuries in the injury report (Ex Ka-14).\n<\/p>\n
        Penetrating wound in shape 2 cm x 1 cm x visra deep over left upper
\n        abdomen epigastic region just at the sight of spleen. Fresh bleeding present
\n        margins are clear out. Injury is kept under observation margins are inverted.
\n        Penetrating wound in shape 2 cm x 1 cm x viserdeep over left abdomen
\n        about 5 cm lateral umblious. Fresh bleeding present injury is kept under
\n        observation Margins are clear out margins are inverted.
\n        Penetrating wound 1\/2 cm x 1\/4 cm (wound of exit of injury no. 2) over the
\n        left side of back just above the illac crest 2 cm from vertebral column,
\n        margins are everted fresh blood chop present. Injury is kept under
\n        observation.\n<\/p>\n
20. Dr. Surendera Singh (PW-5) had given fitness certificate regarding mental
\ncondition of the Deceased for recording dying declaration by the SDM. He has also
\ndeposed that the Deceased was in a fit condition to make dying declaration.\n<\/p>\n
21. In our opinion, the presence of Appellant and the role assigned to him of
\nexhortation is proved beyond reasonable doubts.\n<\/p>\n
             2ND POINT: GUILTY UNDER SECTION 304 PART- II IPC.\n<\/p>\n
22. There is no evidence on the record that there was any prior enmity between the
\nparties. In the statement before the IO (that was proved as the dying declaration), it
\nis recorded that there was no enmity between the two.\n<\/p>\n
23. The eyewitnesses (PW-1 to PW-3) have deposed that the altercations started
\nbecause the Deceased was flowing rainy water from his fields into the fields of the
\nAccused. There was no prior enmity. It appears it was on the spur of the moment.\n<\/p>\n
                                                                                      5<\/span><\/p>\n
24. Dr. Surendra Singh (PW-5) and Dr. PN Mathur (PW-6) have deposed that the
\ninjuries were sufficient to cause the death in the normal course. However, there is
\nno evidence of pre mediation to commit murder. In fact, there in nothing on record
\nto show that there was any intention on the part of the accused to commit the
\nmurder. It appears that the incident happened in the sudden fight in the heat of
\npassion without taking undue advantage. There is nothing to show that they acted
\nin the cruel manner.\n<\/p>\n
25. In our opinion, the Appellant is guilty under section 304 part II read with section
\n34 IPC rather than 302 IPC read with section 34 IPC.\n<\/p>\n
                             3rd POINT: PUNISHMENT\n<\/p>\n
26. The Appellant also had barchhi in his hands, yet he never hit the Deceased by
\nbarchhi. The only role assigned to the Appellant is of exhortation and the injuries
\nwere caused by Kalloo the other accused.\n<\/p>\n
27. There is also nothing to show that the Appellant ever intended that the death
\nbe caused to the Deceased. There was also no pre meditation to commit the crime.
\nConsidering the entire evidence on record, in our opinion, the Appellant be
\nawarded 3 years’ rigorous imprisonment.\n<\/p>\n
                                  CONCLUSIONS\n<\/p>\n
28. Our conclusions are as follows:\n<\/p>\n
(i) The appellant is acquitted under section 302 read with section 34 IPC. He is
\nconvicted under section 304 part-II read with section 34 IPC. His conviction is
\naltered accordingly.\n<\/p>\n
(ii) The Appellant is awarded 3 years’ rigorous imprisonment.\n<\/p>\n
29. In view of our conclusions, the appeal is partly allowed. The conviction and
\nsentence of the Appellant dated 30.3.1982 in Session Trial No. 388 of 1980 passed
\nby IXth Additional Sessions Judge, Kanpur (the ASJ) is altered. The Appellant is on
\nbail. His bail is cancelled. He will be taken into custody to serve out the remaining
\npart of his sentence.\n<\/p>\n
Date: 1.7.2010
\nSKS
\n                                                                             6<\/span><\/p>\n
Crl. Appeal No. 1026 of 1982
\nPutti Singh Vs State of UP<\/p>\n
HON’BLE YATINDRA SINGH, J
\nHON’BLE SURENDRA SINGH, J.\n<\/p>\n
We have heard Sri Ashok Kumar Pandey as friend of the court for the appellant
\nand Sri AK Dwivedi, AGA for the State. The appeal is partly allowed.\n<\/p>\n
For detailed orders, see our orders of date passed on separate sheet of papers
\nattached with the memo of appeal.\n<\/p>\n
Sri Ashok Kumar Pandey will be entitled to one day fees alogwith expenses from
\nthe High Court Legal Services Committee, Allahabad.\n<\/p>\n
Date: 1.7.2010
\nSKS\n <\/p>\n","protected":false},"excerpt":{"rendered":"
Allahabad High Court Putti Singh vs State Of U.P. on 1 July, 2010 Crl. Appeal No. 1026 of 1982 Putti Singh Vs State of UP HON’BLE YATINDRA SINGH, J HON’BLE SURENDRA SINGH, J. 1. This is an appeal against the judgement of the IX th Additional Sessions Judge, Kanpur (the ASJ) dated 30.3.1982 in ST […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[9,8],"tags":[],"class_list":["post-177124","post","type-post","status-publish","format-standard","hentry","category-allahabad-high-court","category-high-court"],"yoast_head":"\nPutti Singh vs State Of U.P. on 1 July, 2010 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/putti-singh-vs-state-of-u-p-on-1-july-2010\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Putti Singh vs State Of U.P. on 1 July, 2010 - 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