{"id":85759,"date":"2010-07-02T00:00:00","date_gmt":"2010-07-01T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/punni-others-vs-state-on-2-july-2010"},"modified":"2015-02-13T06:23:00","modified_gmt":"2015-02-13T00:53:00","slug":"punni-others-vs-state-on-2-july-2010","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/punni-others-vs-state-on-2-july-2010","title":{"rendered":"Punni & Others vs State on 2 July, 2010"},"content":{"rendered":"
Allahabad High Court<\/div>\n
Punni & Others vs State on 2 July, 2010<\/div>\n
                                                                       Court No. 44\n\nCriminal Appeal No. 1350 of 1982\n1. Punni,\n2. Babboo,\n3. Badan Singh, and\n4. Onkar                 ...             Appellants\nVersus\nState of UP              ...             Respondent<\/pre>\n
Hon’ble Yatindra Singh, J
\nHon’ble Surendra Singh, J<\/p>\n
1. This is an appeal against the judgement of IIIrd Additional District and Sessions
\nJudge, Budaun (the ASJ) dated 21.5.1982 in ST No. 504 of 1980.\n<\/p>\n
                                    THE FACTS\n<\/p>\n
2. An incident happened on 14.4.1980 at 11:00 hours in village Naushana, Police
\nstation Binawvar, District Budaun. In this incident Moonga Lal, Ram Swarup and
\nRam Bharose were injured. Subsequently, Moonga Lal (the Deceased) died on
\n15.4.1980 at 6:00 hours.\n<\/p>\n
3. Bahori Lal (the Informant), resident of village Batiya Chauhan district Bareilly,
\nlodged an FIR on 14.4.1980 at 17:15 hours naming Punni, Babboo, Badan Singh
\nand Onkar (Appellants 1 to 4) (the Accused) as accused in the crime.\n<\/p>\n
4. The allegations in the FIR are as follows:\n<\/p>\n
      Ram Swarup is the brother of the Informant. His in-laws are from village
\n      Nausana, District Budaun. His wife Ganeshi inherited her parent’s property
\n      including agricultural land that has been given on batai to Punni (Appellant-\n<\/p><\/blockquote>\n
      1).\n<\/p><\/blockquote>\n
      In the morning, Badan Singh (Appellant-3) came to their village and said
\n      that wheat crop has been harvested and it would be distributed today. They
\n      should come to take their share.\n<\/p><\/blockquote>\n
        Ram Swarup, Ram Bharose, the Informant, and the Deceased went to
\n      village Nausana to take their share in the wheat crop. The Informant told
\n      Appellant-1 that he had misappropriated money and now has called them
\n      for distribution of wheat. Due to this, there was altercation between the
\n      parties;\n<\/p><\/blockquote>\n
      The Deceased insisted that they would only leave after taking their share.
\n      On this Appellant-1 to 4 came towards them armed with lathi. Babboo
\n      (Appellant-2) hit lathi on the head of the Deceased because of which he fell.\n<\/p><\/blockquote>\n
                                                                                   2<\/span><\/p>\n
       Thereafter other persons started hitting the Deceased, Ram Swarup, and
\n       Ram Bharose with lathis;\n<\/p><\/blockquote>\n
           On their shouting Sonpal, Ubhairai Singh, and others came and saved
\n       them;\n<\/p><\/blockquote>\n
           The Deceased has become unconscious and has been brought on bullock
\n       cart. The report be lodged and appropriate proceeding be taken.\n<\/p><\/blockquote>\n
5. The parties are related to each other. The relevant pedigree are as follows:\n<\/p>\n
                             Jodha Singh
\n   _______________________|_________________________
\n  |                        |               |                 |
\nLal Singh             Bahori Lal      Munga Lal       Ram Swarup =Smt. Ganeshi
\n  |                  (Informant)      (Deceased)      (PW-4)
\nRam Bharose
\n (PW-2)<\/p>\n
6. The Accused are related through Smt. Ganeshi. The relevant pedigree is as<\/p>\n
follows:\n<\/p>\n
                 ________________________________
\n             |                                         |
\n          Bhawani =        wife        =             Ummedi
\n               |                                            |
\n          Girdhari                                      Punni
\n                 |                                 (Appellant -1)
\nRam Swarup = Ganeshi                                      |
\n (PW-4)                                  —————————\n<\/p><\/blockquote>\n
                                           |                       |\n                                      Babboo                    Badan\n                                   (Appellant-2)             (Appellant-3)\n                                         |\n                                      Onkar\n                                  (Appellant-4)\n\n\n<\/pre>\n
7. The police investigated the case and submitted the charge-sheet. The case was
\ncommitted to the session’s court and was numbered as ST No. 504 of 1980. The
\nASJ framed the charge on 18.9.1981. The Accused were charged under sections
\n302 and 325, read with section 34 IPC.\n<\/p><\/blockquote>\n
8. Amongst others, the prosecution filed the following documents:\n<\/p>\n
       FIR dated 14.4.1980 Ex Ka-1;\n<\/p><\/blockquote>\n
       Injury report of Moonga Lal Ex Ka-4;\n<\/p><\/blockquote>\n
                                                                                   3<\/span><\/p>\n
      Injury report of Ram Swarup Ex Ka-5;\n<\/p><\/blockquote>\n
      Supplementary report Ram Swarup Ex Ka-11;
\n      Injury report of Ram Bharose Ex Ka-6;\n<\/p><\/blockquote>\n
      Supplementary report of Ram Bharose Ex Ka-12;
\n      Post mortem examination report of the Deceased Ex Ka-3;
\n      Site Plan with the index Ex Ka-19.\n<\/p><\/blockquote>\n
9. The prosecution examined the following witnesses:\n<\/p>\n
      Bahori Lal (PW-1): Informant, eyewitness;
\n      Ram Bharose (PW-2): Injured eyewitness;
\n      Dr. MV Juael (PW-3): Doctor, conducted the post mortem;
\n      Ram Swarup (PW-4): Injured, eyewitness;
\n      Dr. VK Sharma (PW-5): Doctor, examined the injuries;
\n      Mahendra Singh (PW-6): Head Constable, prepared the chik;
\n      Ram Autar (PW-7): Investigating Officer (IO).\n<\/p><\/blockquote>\n
10. The Accused were examined under section 313 CrPC on 15.5.1982, They
\ndenied their involvement in the incident and stated they were being involved due to
\nenmity. Appellants 1 to 3 also stated that Girdhari had executed a will in favour of
\nSmt. Ganeshi, Babboo (Appellant-2), and Badan Singh (Appellant-3) bequeathing
\nthem land in equal shares.\n<\/p>\n
11. Among others, the defence filed the following documents:\n<\/p>\n
      Police letter Ex Kha-1;\n<\/p><\/blockquote>\n
      Police letter Ex Kha-2;\n<\/p><\/blockquote>\n
      Police letter Ex Kha-3;\n<\/p><\/blockquote>\n
      Khatauni of village Nausana Ex Kha-4;
\n      Copy of judgement dated 30.9.1982 in case no. 136 section 229-B\/176, UP
\n      ZA&LR Act Ex Kha-5;\n<\/p><\/blockquote>\n
      Copy of decree in case no. 136 section 229-B UP ZA& LR Act Ex Kha-6.\n<\/p><\/blockquote>\n
However, no witness was examined on their behalf.\n<\/p>\n
12. The ASJ by his judgement dated 21.5.1982 convicted the accused and
\nawarded the following sentence:\n<\/p>\n
      Imprisonment for life under section 302 read with 34 IPC;
\n      Four years rigorous imprisonment under section 325 read with 34 IPC.
\nHence the present appeal.\n<\/p>\n
                                                                                    4<\/span><\/p>\n
                          POINTS FOR DETERMINATION\n<\/p>\n
13. We have heard Sri PN Misra and Sri Apoorv Misra counsel for the Appellants
\nand Sri AK Dwivedi AGA for the State. The following points arises for
\ndetermination:\n<\/p>\n
   (i) Whether the Appellants were present and participated in the incident;\n<\/p>\n
   (ii) If answer of first question is in affirmative then what offence was committed
\n      by them;\n<\/p>\n
   (iii) In case the answer of the aforesaid questions is in affirmative then what
\n      punishment should be given to them.\n<\/p>\n
                 1st POINT: ALL PARTICIPATED IN THE INCIDENT\n<\/p>\n
14. In order to prove its case, the prosecution has produced seven witnesses. Out
\nof these witnesses three are eyewitnesses and rest of them are formal witnesses.
\nOut of the three eye witnesses, two of them namely Ram Bharose (PW-2) and
\nRam Swarup (PW-4) are injured witnesses.\n<\/p>\n
15. The injury reports and supplementary injury reports of the injured eyewitnesses
\nare Ext Ka-5, Ka-6, Ka-11, and Ka-12. These injuries report indicate that because
\nof lathi injury bones were fractured. They have grievous injury. This is also
\ndeposed by Dr. VK Sharma (PW-5) who examined the injuries. Their presence
\ncannot be doubted.\n<\/p>\n
16. The incident happened at about 11:00 hours. The FIR was lodged at 17:15
\nhours. However, the distance between the place of the incident and the police
\nstation is 11 km. According to the prosecution case as well as oral evidence, the
\nInformant also carried the injured Deceased on the bullock cart. Considering the
\ncircumstances of the case, the delay in lodging the FIR is explained.\n<\/p>\n
17. The eyewitnesses have deposed that:\n<\/p>\n
      They had gone to village Nausana for the distribution of harvested wheat
\n      crop;\n<\/p><\/blockquote>\n
      The incident happened at that place;\n<\/p><\/blockquote>\n
      Ram Bharose (PW-2), Ram Swarup (PW-4), and the Deceased received
\n      lathi injuries at the spot;\n<\/p><\/blockquote>\n
      The Appellants were present, participated in the incident, and gave lathi
\n      blows.\n<\/p><\/blockquote>\n
                                                                                   5<\/span><\/p>\n
18. There is nothing to disbelieve the oral evidence of the eyewitness. In our
\nopinion the prosecution has proved beyond reasonable doubt that the Appellants
\nwere present on the spot and participated in the incident.\n<\/p>\n
             2nd POINT: APPELLANT-2 GUILTY U\/S 304 PART-I IPC\n<\/p>\n
19. The prosecution case in the FIR is that:\n<\/p>\n
       Smt. Ganeshi wife of Ram Swarup received agricultural land from her
\n       parents that was let out on batai to Appellant -1;
\n       Appellant-3 had come to inform them to come over to the village so that
\n       wheat could be distributed;\n<\/p><\/blockquote>\n
        The altercation began after the Informant made comment that Appellant-1
\n       had misappropriated money.\n<\/p><\/blockquote>\n
20. The oral evidence of the eyewitnesses is also to the same effect as the
\nprosecution version except the reason of altercation has been deposed by Ram
\nBharose (PW-2) only. He deposed that the Deceased told the Appellants that they
\nhad misappropriated the wheat from the land belonging Smt. Ganeshi.\n<\/p>\n
21. The parties are related to each other. Girdhari father of Smt. Ganeshi was not
\nonly uterine brother of Appellant-1 but is also first cousin from his father’s side.
\nAdmittedly Smt. Ganeshi’s land was on batai with Appellant-1. Appellant-3 had
\ncome over to the village of the Informant side to request them to come over to the
\nvillage for distribution of the harvested wheat. There is nothing on record to show
\nthat their relations were strained.\n<\/p>\n
22. According to the prosecution version as well as oral evidence of PW-2 an
\naltercation started on the accusation made by Informant side that Appellants had
\nmisappropriated the wheat belonging to Smt. Ganeshi. This might have taken the
\nserious turn as there seems to be some difference regarding extent of share of
\nSmt. Ganeshi. According to,
\n       The prosecution, Smt. Ganeshi inherited the property of Girdhari;
\n       The Appellants, Girdhari executed will in favour of Smt. Ganeshi, Babboo
\n       and Badan Singh bequeathing the agricultural land in equal shares to them.
\n       This is supported by the documents filed by them.
\nThis shows that Smt. Ganeshi was co-tenure holder in the land but there was
\ndifference regarding her share.\n<\/p>\n
                                                                                  6<\/span><\/p>\n
23. Dr. MV Juael (PW-3) conducted the post mortem of the Deceased. The ante
\nmortem injuries recorded are as follows:\n<\/p>\n
   (i) Lacerated wound on had left side situated 11.5 cm above left ear size 4.25
\n      cm x .5 cm x bone.\n<\/p>\n
   (ii) Abraded contusion 2 cm x 1 cm on maxillary prominence of right side 1 cm
\n      below in outer angle of right eye.\n<\/p>\n
   (iii) Lacerated wound 1-3\/4 cm x 3\/4 cm on the (paper torn) between II and III
\n      toe of right side foot.\n<\/p>\n
   (iv) Contusion 8 cm x 4 cm on front of chest upper third middle.\n<\/p>\n
24. In the post mortem report it is mentioned that the death was caused due to
\ninjury no. (i). The Doctor (PW-3) deposed the same thing in his oral evidence. This
\ninjury was caused by Appellant-2. It is the prosecution case as well as deposed by
\nthe eyewitnesses.\n<\/p>\n
25. There is no evidence to show that the parties were in bad terms. Appellant-3
\nhad gone over to inform the Informant side about distribution of wheat. There was
\nno evidence that there was any premeditation to commit the crime. To us, it
\nappears that the incident happened due to the accusation made by the Informant
\nside that wheat was misappropriated. It was due to this sudden provocation that
\nfight started and Appellant-2 hit on the head of the Deceased that caused injury
\nno.1. This was done without premeditation in a sudden fight in the heat of passion
\nupon a sudden quarrel without taking undue advantage or acting in cruel or casual
\nmanner. Considering the circumstances, Babboo (Appellant-2) is guilty under
\nsection 304 Part-I IPC and not under section 302 read with section 34 IPC.\n<\/p>\n
26. Appellant-2 caused the injury no.(i) on the head of the Deceased due to the
\nsudden provocation and as such it cannot be said that there was any common
\nintention to commit any culpable homicide. However, from the evidence it is clear
\nthat all the appellants gave lathi blows causing lathi injuries to the Deceased as
\nwell as to the injured witnesses. There are injuries on the body of Ram Bharose
\n(PW-2) and Ram Swarup (PW-4). Their bones have been fractured. Dr. VK
\nSharma (PW-5) is doctor who has examined the injuries. He has stated that
\ngrievous hurt was caused to them. There are other injuries on the body of the
\nDeceased. In view of this at the most it can be said that there was common
\nintention to cause grievous hurt. In view of this, the conviction of the Appellants
\n                                                                                    7<\/span><\/p>\n
under section 325 read with section 34 IPC is maintained.\n<\/p>\n
                            3rd POINT: PUNISHMENT\n<\/p>\n
27. The age of the Appellants 1, 3 and 4 are as follows:\n<\/p>\n
      The statement of the accused were recorded on 15.5.1982 under section
\n      313 CrPC. On that date, Punni (Appellant-1) was aged about 60 years.
\n      More than 28 years had already passed. Today he must be 88 years old;
\n       Badan Singh and Onkar (Appellant -3 and 4) were about 20 years and 16
\n      years at the time of statement under section 313 CrPC. The incident
\n      happened two years before. On the date of incident Badan Singh
\n      (Appellant-3) must be around 18 years and Onkar was about 14 years of
\n      age.\n<\/p><\/blockquote>\n
Considering the age of the Appellants-1, 3 and 4, they are sentenced to period
\nalready under gone under section 325 read with section 34 IPC.\n<\/p>\n
28. Babboo (Appellant-2) was aged about 45 years at the time of recording of
\nstatement under section 313 CrPC.       He caused the fatal blow and has been
\nconvicted under section 304 Par-I IPC as well as section 325 read with section 34
\nIPC. Considering the circumstances of the case, he is sentenced to,
\n      Ten years rigorous imprisonment under section 304 Part-I IPC; and
\n      Period already under gone under section 325 read with section 34 IPC ;\n<\/p>\n
                                 CONCLUSIONS\n<\/p>\n
29. Our conclusions are as follows:\n<\/p>\n
   (i) The Accused were present and participated in the incident;\n<\/p>\n
   (ii) Punni (Appellant-1), Badan Singh (Appellant-3) and Onkar (Appellant-4) are
\n      acquitted under section 302 read with section 34 IPC but their conviction
\n      under section 325 read with section 34 IPC is maintained. They are
\n      sentenced to the period already undergone;\n<\/p>\n
   (iii) The conviction of Babboo (Appellant-2) is altered from section 302 read with
\n      section 34 IPC to section 304 Part-I IPC. His conviction under section 325
\n      read with section 34 IPC is maintained. He is sentenced to,
\n             Ten Years rigorous imprisonment under section 304 Part-I IPC; and
\n             Period already undergone under section 325 read with section 34
\n             IPC.\n<\/p>\n
30. In view of our conclusions, the appeal against the conviction and sentence
\n                                                                                   8<\/span><\/p>\n
dated 21.5.1982 in ST No. 504 of 1980 passed by the ASJ is partly allowed.\n<\/p>\n
   (i) The bail bonds of Punni, Badan Singh and Onkar (Appellants 1, 3 and 4) are
\n      cancelled; their sureties are discharged; they need not surrender.\n<\/p>\n
   (ii) The bail of Babboo (Appellant-2) is cancelled. He will be taken into custody
\n      to serve out the remaining part of the sentence.\n<\/p>\n
With these observations the appeal is partly allowed.
\nDate: 2.7.2010
\nBBL\n <\/p>\n","protected":false},"excerpt":{"rendered":"
Allahabad High Court Punni & Others vs State on 2 July, 2010 Court No. 44 Criminal Appeal No. 1350 of 1982 1. Punni, 2. Babboo, 3. Badan Singh, and 4. Onkar … Appellants Versus State of UP … Respondent Hon’ble Yatindra Singh, J Hon’ble Surendra Singh, J 1. This is an appeal against the judgement […]<\/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-85759","post","type-post","status-publish","format-standard","hentry","category-allahabad-high-court","category-high-court"],"yoast_head":"\nPunni & Others vs State on 2 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\/punni-others-vs-state-on-2-july-2010\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Punni & Others vs State on 2 July, 2010 - 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