State of U.P. Vs. Lalla Singh & Ors.
EmailAppeal: Criminal Appeal No.70 of 1977
Petitioner: State of U.P.
Respondent: Lalla Singh & Ors.
Apeal: Criminal Appeal No.70 of 1977
Judges: S. RATNAVEL PANDIAN & K. JAYACHANDRA REDDY, JJ.
Date of Judgment: Mar 13, 1990
Appearances:
M/s. Dalveer Bhandari, Mr. J.M. Khanna, Mr.H.K. Puri, Advocates for the Parties.
Head Note:
CRIMINAL LAW
Acquittal
Acquittal of accused by the High Court – Reasons given not perverse or wholly unsound – Two views possible – No interference under Article 136 – IPC, sections 148, 302, 323, 304, 395 and 396.
JUDGEMENT:
REDDY, J. :
1. This is an appeal by the State against the judgment of the Allahabad High Court.
2. 18 persons were tried by the IInd Additional District & Sessions Judge, Kheri for several offences under Sections 148, 302, 323, 304, 395, 396 I.P.C. They were alleged to have committed dacoity and murdered five persons on the intervening night of 1st and 2nd November, 1972 in the house of Kallaktar, one of the deceased in Village Bamhniyarpur in Kheri District. It was also alleged that these bandits took away Km. Sarla from that house whose dead body was discovered later on in a field. According to the prosecution while one of the deceased Kallaktar, his brother and another deceased were undergoing imprisonment in the jail, Amar Singh, brother of the accused Mulaim Singh, who was residing in the house of Kallaktar developed illicit intimacy with Km. Sarla. After the release of Kallaktar and his other associates mysteriously Amar Singh disappeared and it was suspected that Kallaktar and his family members were responsible for his disappearance. Since then there was enmity. Therefore, all the 18 accused raided the house of Kallaktar and committed these offences.
3. The learned Sessions Judge sentenced four persons to death and he also convicted four others and sentenced them to imprisonment for life. He, however, acquitted three of the accused. The convicted accused appealed to the High Court and the State also preferred an appeal against the order of the acquittal of the three accused. The High Court, however, only confirmed the convictions of the four accused including Ramesh Chander who was sentenced to death. The other three persons who were also sentenced to death as well as the remaining of the convicted accused were all acquitted. The appeal filed by the State was dismissed. The death sentence of Ramesh Chander was executed.
4. The State filed a special leave petition against 11 of the remaining accused respondents. But leave was granted only in respect of respondent Nos. 1, 2 and 3 i.e. Lalla Singh, Ram Swaroop and Mulaim Singh, accused Nos.1, 10 and 11 respectively. During the pendency of the appeal Lalla Singh, respondent No.1 died. Therefore, in this appeal we are concerned only with the remaining two respondents, Ram Swaroop and Mulaim Singh, accused Nos. 10 and 11 respectively.
5. The learned counsel for the State submits that P.Ws 2 and 4 have identified Mulaim Singh and P.Ws 12 and 13 have identified respondent No.3 Ram Swaroop and the weapons were also recovered from them. It is also his submission that the trial court has analysed the evidence against these two respondents and was satisfied about their guilt and the reasoning of the High Court for interfering against this conviction is wholly unsound. To appreciate this argument it may not be necessary for us to refer to the evidence of all these four witnesses. We shall examine the findings of the trial court as well as the appellate court for the purpose of appreciating the submissions made. The trial court held that the prosecution case about the illicit intimacy between Amar Singh and Km. Sarla should be believed. P.Ws. 2 and 4 Smt. Rama Devi and Kamla Devi deposed that about 25 persons entered the house of Kallaktar. According to P.Ws. 2 and 4, Mulaim Singh was not known to them and they were made to identify Mulaim Singh in the identification parade. The accused Mulaim Singh took the plea that he was very well known to P.Ws. 2 and 4 and his village is only two miles away from the village of Kallaktar and that his brother Amar Singh was living in the house of Kallaktar and he used to visit. The learned Sessions Judge was not prepared to accept this plea of the accused. The other circumstances relied upon by the prosecution are that he had a motive to attack the house of Kallaktar and kill the members of his family. It can thus be seen that the culpability of Mulaim Singh, respondent No.2, mainly resisted the evidence of P.Ws. 2 and 4. The learned Sessions Judge very much relied on the fact of these two witnesses identifying Mulaim Singh and taking into consideration the other two circumstances namely the recovery and motive, he convicted him. Now coming to the case of Ram Swaroop, respondent No.3, the prosecution mainly relied on the evidence of P.Ws. 12 & 13 who have identified him in the identification parade and the other circumstance relied upon by the prosecution is that Ram Swaroop who was a Police constable was absent from duty between 31st October, 1972 and 2nd November, 1972 and made a false declaration and one other circumstance is the recovery of gun. It is alleged that the three of the empty cartridges that were found at the scene were fired from his gun. It may be mentioned that these two circumstances without the evidence of P.Ws. 12 and 13 would be insufficient. The trial Judge, however, accepted the evidence of P.Ws. 12 and 13 and the other two circumstances and convicted him.
6. Now we shall examine the findings of the High Court in respect of these two respondents. Dealing with the evidence of the P.Ws 2 and 4, the High Court has given ample reasons in support of their finding namely that Mulaim Singh was known to P.Ws. 2 and 4 very well and the prosecution’s case that he is not known to them is to be rejected. The High Court also found that Mulaim Singh used to visit the house of Kallaktar as his brother Amar Singh was living there and that his village also is not far from the village of Kallaktar. The High Court has also held that there is no valid reason to hold that this accused had a motive to kill the Kallaktar’s family members. The High Court also pointed out that the evidence of these two witnesses was discarded in respect of some of the other accused who also participated in the identification parade. Then regarding their recovery of the weapon the High Court has clearly pointed out that the evidence is not acceptable.
7. Now regarding the case of respondent No.3, Ram Swaroop, the High Court was not prepared to rely on the P.Ws. 12 and 13. It is pointed out that he was also known to P.Ws. 12 and 13 very well and that the evidence that they were not known was not acceptable. In this connection, the High Court relied very much on the circumstances that respondent No.3 alongwith other police officers went to the house of Kallaktar to arrest one Ved Prakash. The High Court did not place reliance on the evidence of P.W.38 who effected the recovery of weapon. The High Court has pointed out that the investigation is not fair and above board and is highly tainted. It can thus be seen that the High Court also has given valid reasons for acquitting these two accused. Even if it is to be said that the reasons given by the trial court are fairly sound, but at the same time the reasons given by the High Court can not be characterised as perverse or wholly unsound. The view taken by the High Court also seems to be reasonable. Therefore, at the most it can be said that two views are possible. In such a situation we find it extremely difficult to interfere under Article 136 of the Constitution of India. The appeal is dismissed accordingly.
1. This is an appeal by the State against the judgment of the Allahabad High Court.
2. 18 persons were tried by the IInd Additional District & Sessions Judge, Kheri for several offences under Sections 148, 302, 323, 304, 395, 396 I.P.C. They were alleged to have committed dacoity and murdered five persons on the intervening night of 1st and 2nd November, 1972 in the house of Kallaktar, one of the deceased in Village Bamhniyarpur in Kheri District. It was also alleged that these bandits took away Km. Sarla from that house whose dead body was discovered later on in a field. According to the prosecution while one of the deceased Kallaktar, his brother and another deceased were undergoing imprisonment in the jail, Amar Singh, brother of the accused Mulaim Singh, who was residing in the house of Kallaktar developed illicit intimacy with Km. Sarla. After the release of Kallaktar and his other associates mysteriously Amar Singh disappeared and it was suspected that Kallaktar and his family members were responsible for his disappearance. Since then there was enmity. Therefore, all the 18 accused raided the house of Kallaktar and committed these offences.
3. The learned Sessions Judge sentenced four persons to death and he also convicted four others and sentenced them to imprisonment for life. He, however, acquitted three of the accused. The convicted accused appealed to the High Court and the State also preferred an appeal against the order of the acquittal of the three accused. The High Court, however, only confirmed the convictions of the four accused including Ramesh Chander who was sentenced to death. The other three persons who were also sentenced to death as well as the remaining of the convicted accused were all acquitted. The appeal filed by the State was dismissed. The death sentence of Ramesh Chander was executed.
4. The State filed a special leave petition against 11 of the remaining accused respondents. But leave was granted only in respect of respondent Nos. 1, 2 and 3 i.e. Lalla Singh, Ram Swaroop and Mulaim Singh, accused Nos.1, 10 and 11 respectively. During the pendency of the appeal Lalla Singh, respondent No.1 died. Therefore, in this appeal we are concerned only with the remaining two respondents, Ram Swaroop and Mulaim Singh, accused Nos. 10 and 11 respectively.
5. The learned counsel for the State submits that P.Ws 2 and 4 have identified Mulaim Singh and P.Ws 12 and 13 have identified respondent No.3 Ram Swaroop and the weapons were also recovered from them. It is also his submission that the trial court has analysed the evidence against these two respondents and was satisfied about their guilt and the reasoning of the High Court for interfering against this conviction is wholly unsound. To appreciate this argument it may not be necessary for us to refer to the evidence of all these four witnesses. We shall examine the findings of the trial court as well as the appellate court for the purpose of appreciating the submissions made. The trial court held that the prosecution case about the illicit intimacy between Amar Singh and Km. Sarla should be believed. P.Ws. 2 and 4 Smt. Rama Devi and Kamla Devi deposed that about 25 persons entered the house of Kallaktar. According to P.Ws. 2 and 4, Mulaim Singh was not known to them and they were made to identify Mulaim Singh in the identification parade. The accused Mulaim Singh took the plea that he was very well known to P.Ws. 2 and 4 and his village is only two miles away from the village of Kallaktar and that his brother Amar Singh was living in the house of Kallaktar and he used to visit. The learned Sessions Judge was not prepared to accept this plea of the accused. The other circumstances relied upon by the prosecution are that he had a motive to attack the house of Kallaktar and kill the members of his family. It can thus be seen that the culpability of Mulaim Singh, respondent No.2, mainly resisted the evidence of P.Ws. 2 and 4. The learned Sessions Judge very much relied on the fact of these two witnesses identifying Mulaim Singh and taking into consideration the other two circumstances namely the recovery and motive, he convicted him. Now coming to the case of Ram Swaroop, respondent No.3, the prosecution mainly relied on the evidence of P.Ws. 12 & 13 who have identified him in the identification parade and the other circumstance relied upon by the prosecution is that Ram Swaroop who was a Police constable was absent from duty between 31st October, 1972 and 2nd November, 1972 and made a false declaration and one other circumstance is the recovery of gun. It is alleged that the three of the empty cartridges that were found at the scene were fired from his gun. It may be mentioned that these two circumstances without the evidence of P.Ws. 12 and 13 would be insufficient. The trial Judge, however, accepted the evidence of P.Ws. 12 and 13 and the other two circumstances and convicted him.
6. Now we shall examine the findings of the High Court in respect of these two respondents. Dealing with the evidence of the P.Ws 2 and 4, the High Court has given ample reasons in support of their finding namely that Mulaim Singh was known to P.Ws. 2 and 4 very well and the prosecution’s case that he is not known to them is to be rejected. The High Court also found that Mulaim Singh used to visit the house of Kallaktar as his brother Amar Singh was living there and that his village also is not far from the village of Kallaktar. The High Court has also held that there is no valid reason to hold that this accused had a motive to kill the Kallaktar’s family members. The High Court also pointed out that the evidence of these two witnesses was discarded in respect of some of the other accused who also participated in the identification parade. Then regarding their recovery of the weapon the High Court has clearly pointed out that the evidence is not acceptable.
7. Now regarding the case of respondent No.3, Ram Swaroop, the High Court was not prepared to rely on the P.Ws. 12 and 13. It is pointed out that he was also known to P.Ws. 12 and 13 very well and that the evidence that they were not known was not acceptable. In this connection, the High Court relied very much on the circumstances that respondent No.3 alongwith other police officers went to the house of Kallaktar to arrest one Ved Prakash. The High Court did not place reliance on the evidence of P.W.38 who effected the recovery of weapon. The High Court has pointed out that the investigation is not fair and above board and is highly tainted. It can thus be seen that the High Court also has given valid reasons for acquitting these two accused. Even if it is to be said that the reasons given by the trial court are fairly sound, but at the same time the reasons given by the High Court can not be characterised as perverse or wholly unsound. The view taken by the High Court also seems to be reasonable. Therefore, at the most it can be said that two views are possible. In such a situation we find it extremely difficult to interfere under Article 136 of the Constitution of India. The appeal is dismissed accordingly.
