NEW DELHI :- JUDGEMENT OVERVIEW
COURT : – Supreme Court of India (Division Bench (DB)- Two Judge)
JUDGEMENT NAME :- KARAN SINGH Versus THE STATE OF UTTAR PRADESH & ORS. Appeal (Crl.), — of 2022,
Judgment Date:- Mar 02, 2022
RELATED SECTION :- INDIAN PENAL CODE, 1860
Section 302 – Punishment for murder
Section 149 – Every member of unlawful assembly guilty of offence committed in prosecution of common object
Section 148 – Rioting, armed with deadly weapon
Section 307 – Attempt to murder
IMPORTANT PRAGRAPH :-
Indira Banerjee, J.
This Appeal is against a judgment and order dated 30th July
2018 passed by a Division Bench of the Allahabad High Court,
dismissing Criminal Appeal No. 1813 of 1983 filed by the
Appellant along with other accused persons, against a judgment
and order of conviction dated 1st August 1983 passed by the VI
Additional District and Sessions Judge, Shahjahanpur in Sessions
Trial No. 268 of 1981, inter alia, convicting the Appellant of the
offences under Section 302 read with Section 149, Section 307
read with Section 149 and Section 148 of the Indian Penal Code
(hereinafter referred to as “the IPC”) and sentencing him, inter
alia, to life imprisonment for offence punishable under Section
302 read with Section 149 of the IPC.
- It appears that the Appellant had been granted bail by the
Trial Court by an order dated 13th June 1980. The High Court
also granted bail to the Appellant during the entire period of the
appeal. The Appellant was taken into custody on 9th September
2019 after dismissal of his appeal by the High Court.
- It is the case of the Prosecution that on 8th April 1980, at
about 12:15 P.M., one Rati Pal arrived at Kaanth Police Station
and filed a complaint alleging that eight days before Holi, one
Rajkumar Singh had purchased a buffalo from his elder brother
Brahmapal Singh at the price of Rs. 1,900/-.
- The said Rajkumar had promised to pay the price of the
buffalo to the complainant’s elder brother, Brahmapal Singh,
eight days after Holi.
- Rajkumar Singh, however, did not pay the price of the
buffalo to the complainant’s elder brother, Brahmapal Singh as
promised. Brahmapal Singh did not permit Rajkumar Singh to
harvest his crops.
- On 7th April 1980, Rajkumar Singh asked Brahmapal Singh
to come to Simra Khera the next day, that is, 8th April 1980, to
collect his money.
- On 8th April 1980, the complainant’s cousin brother,
Mahendra Singh came to the complainant’s house and asked
Brahmapal Singh to go to Simra Khera with him to collect his
money from Rajkumar Singh after settling accounts with him.
Thereafter, the complainant’s brother-in-law (Shreepal Singh),
Brahmapal Singh, the complainant, a villager Badshah Singh
and Mahendra Singh went to Simra Khera. They went to the
house of Sher Singh Thakur and sat on a cot in the sitting area.
- Mahendra Singh called Rajkumar Singh, who came with a
rifle in his hand along with the Appellant, Karan Singh, who was
also armed with a rifle, Sukhlal armed with a single barrel gun,
Jagdish Singh armed with a single barrel gun, Harpal Singh
armed with a single barrel gun and Nankoo Singh armed with a
double barrel gun.
- At about 9:00 A.M., Brahmapal Singh asked for his money.
Harpal Singh asked Rajkumar Singh to discharge his debt to
Brahmapal Singh as soon as possible. At this, Rajkumar Singh
opened fire with his rifle and shot Brahmapal Singh. The bullet
hit his head. Brahmapal Singh fell down unconscious.
- Thereafter, the associates of Rajkumar Singh, that is,
Harpal Singh, Karan Singh, Jagdish Singh, Sukhpal Singh and
Nankoo Singh opened fire from their respective weapons. After
the associates of Rajkumar Singh opened fire, the complainant,
Badshah Singh, Shreepal Singh and Mahendra Singh ran away
from the spot. Out of the shots fired from the side of the
accused, one shot hit Mahendra Singh. The complainant and
other eyewitnesses ran into Sher Singh Thakur’s house. When
they returned to the place of occurrence, they found Brahmapal
- After the FIR was lodged, the Investigating Officer
investigated the case and after completion of investigation
submitted chargesheet against the accused persons Rajkumar
Singh, Harpal Singh, Jagdish Singh, Karan Singh, Sukhlal Singh
and Nankoo Singh under Sections 148, 302/149 and 307/149 of
READ TO SCROLL :- KARAN SINGH
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