Allowed

Vishwanath and Others v. State of U.P.

Allahabad HC22 Sept 2018CRLA/3146/1982

Case brief

AI extract

What is this about?

This criminal appeal challenged a session court conviction for culpable homicide not amounting to murder under IPC Sections 304 and 34 arising from lathi injuries. The Single Bench accepted the argument that the deceased and one co-accused engaged in a free fight and the accused was acting in self-defence, setting aside the conviction.

What did the court decide?

The appeal was allowed, conviction set aside, bail and bail bonds cancelled, and the record sent back to the trial court.

Vishwanath and Others Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2018)

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Court No. - 2

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Case :- CRIMINAL APPEAL No. - 3146 of 1982

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Appellant :- Vishwanath & Others Respondent :- State Of U.P. Counsel for Appellant :- Prem Prakash,Brajesh Kumar Solanki,Vishwa Pratap Singh Counsel for Respondent :- Govt. Advocate,A.G.A.

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Hon'ble Dr. Kaushal Jayendra Thaker,J.

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Heard learned counsel for the appellant, the appellant Vishwanath. One other co-accused has died.

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I have heard learned counsel for the appellants and learned AGA for the State.

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By way of this appeal the appellants have preferred this appeal challenging the judgment of conviction passed by Trial Court in Session Trial No. 366 of 1981, the case was committed to the court of Sessions as it was a sessions trial case.

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The prosecution story is that all the four accused are facing trial u/s 304 read with Section 34 IPC for having committed culpable homicide not amounting to murder of Bankey Lal of Village Sarki. It is said that lathi injuries were caused to Bankey Lal on 17.5.1980 at 7 PM as a result of which he died on 18.05.1980 at 4 PM. The deceased Bankey Lal s/o Ram Prasad and accused are resident of the same village Sarki P.S. Qadarchwok Distt. Budaun. A dispute has taken place between accused Vishwanath and deceased Bankey Lal about one week before the happening of this case. Some hot altercation had taken place in that dispute and both had called another with bad names. Having this grudge all the accused Vishwanath, Bharosey, Shiv Pal and Khem Karan came from western side of Chak road of the village on 17.05.1980 at 7 PM. It was about 1 or 3/4 hour to sun set Nathu Singh brother of the deceased Bankey Lal and Dhanpal, were taking grass in the field and deceased Bankey lal was going to look after his crop. When Bankey Lal reached in the north wes corner of the village near the pole which is near to the land of Gaon Samaj, all the four accused armed with lathis reached where Bankey Lal was going. Accused Bishwanath made defiance that it was good opportunity to kill Bankey Lal. At this all the four accused caused injuries to Bankey Lal with lathis. At the time injuries were being caused witnesses Raghunath Singh, Chiraunji and Siaram reached there. At this the accused ran away towards Chak road. Bankey Lal fell unconscious on the spot. Nathu

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Singh and others brought Bankey Lal to his house. The accused had blocked the path to Thana Qadarchwok so that F.I.R. might not be lodged against them. Hence Nathu Singh, brother of the deceased came to Thana Kotwali Badaun to lodge F.I.R. He got F.I.R. Ext. Ka-1 written from one Vishram Singh on 18.05.1980 and lodged it at Thana Kotwali Badaun at 0.30 AM in the night against the accused. Jairma and Chiraunji also had accompanied Nathu Singh for Thana Kotwali and they came to Badaun by Tonga. Thereafter Bankey Lal was medically examined at District Hospital Badaun by Dr. B.K. Gupta on 18.05.1980 at 1.35 AM and injury Ext.Ka-8 was prepared by him. Which shows that following injuries were caused to Bankey Lal:

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(i) Contusion 8 Cm x 6 Cm. on the top of head.

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(ii) Contusion 4 Cm x 3 Cm. on the back of right side.

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The prosecution has examined about 8 witnesses and the accused examined two witnesses D.W. 1 and D.W.2. The prosecution has filed about 5 documentary affidavits so as to charge framed. The only argument is that the learned counsel for the appellants has submitted that Bharosey, Khem Karan and Shiv Pal has passed away and quo them the appeal has stood abated. Whereas, Vishwanath who have been convicted and the sentenced to under go 7 years Rigorous Imprisonment. While going through the record it is very clear that even the Trial Court Judge as in his observation held that Vishwanath had also sustained injuries which goes to show that there was a friction, it was not a preplanned murder as far as Vishwanath is concerned. It can be said that it was a case of self defence. Accused Vishwanath had also lodged an F.I.R. against the Bankey Lal and Nathu which also goes to show that the injured and the accused had free fight and Vishwanath had injuries and was acting to defending is also stated in statement under Section 313 Cr.P.C.

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This appeal is allowed to conviction is set aside. The bail and bail bonds cancelled. Copy of the judgment be sent together, so they may not arrest the accused.

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Record and proceedings be sent back to trial Court himself.

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Order Date :- 22.9.2018 Krishna

Vishwanath and Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

Vishwanath and Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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