Allowed

Santhosh Singh v. State of U.P.

Allahabad HC15 Jul 2022CRLA/1730/2008

Case brief

AI extract

What is this about?

The High Court allowed an appeal in a gangster case where the convict was sentenced to four years for attempted murder. Noting that two co-accused died in a police encounter, the court held the surviving appellant could not serve the remaining sentence, reducing it to time already served and enhancing the fine to be paid to the complainant.

What did the court decide?

Sentence reduced to period already undergone; fine enhanced to Rs. 1,00,000/- payable to the complainant within four weeks.

Santhosh Singh Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 10

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Case :- CRIMINAL APPEAL No. - 1730 of 2008

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Appellant :- Santhosh Singh Respondent :- State of U.P. Counsel for Appellant :- Indra Pratap Singh,B.M. Sahai Counsel for Respondent :- G.A.,Parmeshwar Dutt Tewari

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Hon'ble Dinesh Kumar Singh,J.

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Heard Mr. B.M. Sahai, assisted by Mr. Indra Pratap Singh, Advocate, representing the appellant, as well as learned Additional Government Advocate for respondent-State and perused the record.

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This criminal appeal under Section 374(2) CrPC has been filed against the judgment and order dated 29th July, 2008 passed by the Special Judge, Gangsters Act, Faizabad (now Ayodhyaji) in Gangster Case No.45 of 2006, arising out of Crime No.0266 of 2005, under Section 307/34 IPC read with Section 3(1) of The Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act lodged at Police Station Kumarganj, District Faizabad (now Ayodhyaji) whereby the appellant, along with one another, was convicted under Section 307/34 IPC and sentenced to undergo 4 years imprisonment with fine of Rs.1,000/- on each and, on non-deposition of the fine, to undergo one month's additional imprisonment.

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In the FIR lodged by the complainant allegations were made against Subhash Singh, Santosh Singh (appellant) and one unknown person. However, the police, after investigating the offence, filed charge-sheet against three persons, namely, Subhash Singh, Santosh Singh and Veer Bahadur alias Guddu Singh. Before the trial could get concluded against accused, Veer Bahadur Singh, had died in a police encounter and, thus, the trial proceeded against two accused, Subhash Singh and Santosh Singh. They had been convicted, as mentioned above.

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During pendency of Criminal Appeal No.1859 of 2008 appellant, Subhash Singh had been murdered on 11.06.2012 as per report submitted by the Chief Judicial Magistrate, Sultanpur dated 12.07.2022. Out of three accused, who allegedly committed the offence, only the appellant, Santosh Singh is surviving one. Appeal filed by accused, Subhash Singh gets abated in view of the report submitted by the learned Chief Judicial Magistrate, Sultanpur.

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Injured received following firearm injuries, which were

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caused by the appellant and two others to the victim.

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i. Side 6" cm injury 6cm from abdomen and 5cm from left nipple and 13cm from mid claucular line at 4th intestal space;

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ii. 1.5 x 1cm wound 4cm from left nipple in anterior axillary line;

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iii. 1.5 x 1.5cm wound 4cm above right nipple and 10cm below clavicle in 3rd Intra castel spece;

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iv. abrasion & laceration on right shoulder 1x3cm inside;

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v. 5x1cm abrasion on right shoulder leading and surrounding eachy more;

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vi. 2x2cm wound on left side on the back 8cm from middle on slpre domialar area;

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vii. 2x2cm wound 14cm from middle or right side lower end of the (r) reaputa;

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viii. 3x2cm wound on left tuish, anlem U side of the thigh, 20cm above the knee joint;

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ix. 2x2cm wound on lateral and post upper part of the thigh leg lap (left);

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x. 1x2.5cm wound on middle 2 above the knee 26cm (right);

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xi. 2.5cm wound on out midial side, 25cm above knee (right); and

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xii. 1x1cm wound on lateral side 25cm above knee (right).

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The prosecution, to prove its case, examined two eyewitnesses, including injured, constable, Pradeep Kumar (PW-3), who prepared the Chik report, Dr. Nikhil Singh (PW-4), who examined victim and prepared the injury report.

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The complainant categorically named the appellant, who was involved in commission of the offence. In his cross-examination nothing came out, which could not have falsified the evidence of the injured witness. The injured witness testimony is cogent and credible. The incident took place during day time. The accused-appellant and other accused were known to him. Considering the evidence on record as well as the injury report, this Court finds that the trial Court has not committed any error in appreciating the evidence on record or coming to the conclusion of establishment of guilt against the accused. This Court, therefore, dismisses the appeal and upholds the impugned judgment and order passed by the learned Special Judge, Gangster Act.

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At this stage, Mr. B.M. Sahai, learned counsel for the appellant, submits that out of 4 years sentence awarded by the learned trial Court, the accused-applicant has already undergone

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3 and a half years sentence.

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The incident took place in the year 2005. Out of three accused, the two are no more. Only the present appellant is surviving one. This Court, therefore, is of the opinion not to send the accused-appellant to prison to serve out the remaining sentence and, it would be in the interest of justice if the injured is compensated adequately.

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In view thereof, the sentence awarded to the accusedapplicant is reduced to the sentence already undergone by him with increased fine of Rs.1,00,000/- (Rupees One Lakh) to be paid by the appellant to the complainant.

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The accused-appellant is directed to deposit the fine of Rs.1,00,000/- (Rupees one lakh) before trial Court within four weeks from today. The trial Court is directed to disburse the said amount of Rs.1,00,000/- (Rupees one lakh) in favour of the complainant forthwith after due verification.

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In case the accused-appellant fails to deposit the increased fine of Rs.1,00,000/- within four weeks, as directed above, the accused-appellant shall be arrested and sent to prison for serving out remainder of sentence.

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Order Date :- 15.7.2022 MVS/-

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Digitally signed by MANOJ VIKRAM SINGH CHAUHAN Date: 2022.07.16 18:44:31 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Santhosh Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Santhosh Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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