STATE OF U P Vs. KISHANPAL
LAWS(SC)-2008-8-25
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on August 08,2008

STATE OF UTTAR PRADESH Appellant
VERSUS
KISHANPAL Respondents





Cited Judgements :-

R S DAHIYA; SHER SINGH; ANIL KUMAR VS. STATE (THROUGH NCT OF DELHI); GOVT OF NCT OF DELHI; STATE [LAWS(DLH)-2018-1-100] [REFERRED TO]
SURESH BABU @ BABU VS. STATE OF KERALA [LAWS(KER)-2023-2-17] [REFERRED TO]
SAROJ SEN VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2022-9-82] [REFERRED TO]
SHIBU DEB VS. STATE OF TRIPURA [LAWS(TRIP)-2019-8-2] [REFERRED TO]
BHAGAWAN BAG VS. STATE OF ODISHA [LAWS(ORI)-2022-7-45] [REFERRED TO]
NEELKANTH VS. STATE OF U P [LAWS(ALL)-2018-8-121] [REFERRED TO]
BOBY @ SUSHIL VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2020-9-36] [REFERRED TO]
DURGESH KUMAR SINGH VS. STATE OF U.P. [LAWS(ALL)-2016-5-219] [REFERRED TO]
RAMESH CHANDRA AND ORS. VS. STATE OF U.P. [LAWS(ALL)-2016-5-28] [REFERRED TO]
NACHAU SINGH VS. STATE OF U P [LAWS(ALL)-2017-9-305] [REFERRED TO]
HASMATULNISHA VS. STATE OF U P [LAWS(ALL)-2017-8-432] [REFERRED TO]
PAPPU @ SURENDRA KUMAR SONAR AND (2) OTHERS VS. STATE OF U P [LAWS(ALL)-2017-9-263] [REFERRED TO]
BABBAN VS. STATE OF U.P. [LAWS(ALL)-2014-5-180] [REFERRED TO]
STATE OF GUJARAT VS. NIZAMUDDIN SHAHB UDDIN QURESHI & 3 ORS [LAWS(GJH)-2015-8-182] [REFERRED]
BHIMANNA VS. STATE OF KARNATAKA [LAWS(KAR)-2018-2-390] [REFERRED TO]
ANIL NANA YELMAME VS. STATE OF MAHARASHTRA [LAWS(BOM)-2023-8-483] [REFERRED TO]
SUFIAR RAHAMAN @ SK SUFIAR RAHAMAN VS. STATE OF WEST BENGAL [LAWS(CAL)-2015-7-5] [REFERRED TO]
DINESH SABAR VS. STATE OF ASSAM [LAWS(GAU)-2013-8-58] [REFERRED TO]
BAIDHAR MAHALIK VS. STATE OF ODISHA [LAWS(ORI)-2022-4-96] [REFERRED TO]
RAHUL & OTHERS VS. STATE [LAWS(UTN)-2017-7-153] [REFERRED TO]
GAURAV RANA VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2016-11-102] [REFERRED TO]
SHIVAJI CHINTAPPA PATIL VS. STATE OF MAHARASHTRA [LAWS(SC)-2021-3-8] [REFERRED TO]
NANDU SINGH VS. STATE OF MADHYA PRADESH (NOW CHHATTISGARH) [LAWS(SC)-2022-2-150] [REFERRED TO]
SEKAR; RAVI; MURUGAN; SARAVANAN; PITCHAI; LATHA VS. STATE [LAWS(MAD)-2013-8-283] [REFERRED]
STATE OF KARNATAKA VS. RAVI C. K. [LAWS(KAR)-2022-5-134] [REFERRED TO]
B.W.JYOTHIKUMAR VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(KER)-2023-8-166] [REFERRED TO]
SREEJU T.V. VS. STATE OF KERALA [LAWS(KER)-2024-8-7] [REFERRED TO]
DURGAPPA VS. STATE OF KARNATAKA [LAWS(KAR)-2020-12-220] [REFERRED TO]
MAHAVIR PRASAD RATHORE VS. LACHCHHI RAM PATEL [LAWS(CHH)-2018-4-44] [REFERRED TO]
IDRISH VS. STATE OF U. P. [LAWS(ALL)-2020-6-171] [REFERRED TO]
AKHTAR VS. STATE OF U.P. [LAWS(ALL)-2019-2-310] [REFERRED TO]
AVADESH AND ANOTHER VS. STATE OF U P [LAWS(ALL)-2017-9-244] [REFERRED TO]
CHATTHOO CHERO VS. STATE OF U.P. [LAWS(ALL)-2022-2-90] [REFERRED TO]
PREM NATH YADAVA VS. STATE OF U.P. [LAWS(ALL)-2022-1-90] [REFERRED TO]
BHIKHAN AND ORS. VS. STATE OF U.P. [LAWS(ALL)-2015-9-108] [REFERRED TO]
RAJENDRA ALIAS MUNNU VS. STATE OF U.P. [LAWS(ALL)-2017-3-157] [REFERRED TO]
SANJAI @ CHHOTEY VS. STATE OF U.P. [LAWS(ALL)-2017-11-321] [REFERRED TO]
SANTOSH SHUKLA @ SHIV MOHAN SHUKLA AND (3) ORS VS. STATE OF U P [LAWS(ALL)-2017-8-467] [REFERRED TO]
TULSI RAM AND (2) OTHERS VS. STATE OF U P [LAWS(ALL)-2017-8-419] [REFERRED TO]
ASHOK SINGH VS. STATE [LAWS(DLH)-2012-7-200] [REFERRED TO]
BHOPAL SINGH VS. STATE OF U.P. [LAWS(ALL)-2013-1-29] [REFERRED TO]
NARESH KUMAR AND ORS. VS. STATE OF DELHI [LAWS(DLH)-2016-12-173] [REFERRED TO]
KABIRJAMAL VS. STATE [LAWS(DLH)-2019-1-378] [REFERRED TO]
DEEPAK BELDAR VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2022-7-65] [REFERRED TO]
SHEO SHANKAR SINGH VS. STATE OF JHARKHAND [LAWS(SC)-2011-2-24] [REFERRED TO]
RAMACHANDRAN VS. STATE OF KERALA [LAWS(SC)-2011-9-62] [REFERRED TO]
SAHABUDDIN VS. STATE OF ASSAM [LAWS(SC)-2012-12-44] [REFERRED TO]
DARBARA SINGH VS. STATE OF PUNJAB [LAWS(SC)-2012-9-17] [REFERRED TO]
GAJOO VS. STATE OF UTTARAKHAND [LAWS(SC)-2012-9-37] [REFERRED TO]
KHURSHID AHMED VS. STATE OF JAMMU AND KASHMIR [LAWS(SC)-2018-5-65] [REFERRED TO]
SOMASHEKARA VS. VASANTHAKUMAR [LAWS(KAR)-2022-2-159] [REFERRED TO]
GANGAPPA VS. STATE OF KARNATAKA [LAWS(KAR)-2022-3-195] [REFERRED TO]
AYODHYA SINGH VS. STATE OF H.P. [LAWS(HPH)-2015-4-19] [REFERRED TO]
SASTHI CHAKRABORTY VS. STATE OF TRIPURA [LAWS(TRIP)-2019-11-3] [REFERRED TO]
KUNJIRAMAN VS. STATE OF KERALA REP BY PUBLIC PROSECUTOR [LAWS(KER)-2017-10-148] [REFERRED TO]
RAJ KISHOR BEHERA VS. STATE OF ODISHA [LAWS(ORI)-2022-8-91] [REFERRED TO]
VIKRAM RANA VS. STATE (GOVT OF NCT OF DELHI) [LAWS(DLH)-2019-1-330] [REFERRED TO]
KAMAL KUMAR VS. STATE [LAWS(DLH)-2018-7-10] [REFERRED TO]
JALESHWAR MAJHI VS. STATE [LAWS(DLH)-2017-12-203] [REFERRED TO]
DILDAR SINGH AND ORS VS. STATE OF U T CHANDIGARH AND ORS [LAWS(P&H)-2012-1-502] [REFERRED]
KAVITHA VS. STATE OF KARNATAKA [LAWS(KAR)-2022-6-1478] [REFERRED TO]
ACHCHAY LAL SAROJ VS. STATE OF U.P. [LAWS(ALL)-2014-12-108] [REFERRED TO]
CHATTHOO CHERO VS. STATE OF U.P. [LAWS(ALL)-2022-4-32] [REFERRED TO]
VIDYA SAGAR DWIVEDI VS. STATE OF U.P. [LAWS(ALL)-2020-2-157] [REFERRED TO]
SURESH KUMAR MALLAH VS. STATE OF U.P. [LAWS(ALL)-2019-3-264] [REFERRED TO]
PRAMILA VS. STATE OF U P [LAWS(ALL)-2019-5-113] [REFERRED TO]
MAHESH VS. STATE OF U P [LAWS(ALL)-2017-9-258] [REFERRED TO]
RAM NATH SINGH AND (4) ORS VS. STATE OF U P [LAWS(ALL)-2018-1-349] [REFERRED TO]
KANHAIYA LAL AND AN OTHER VS. STATE OF U P [LAWS(ALL)-2018-1-347] [REFERRED TO]
VIJAI BAHADUR AND (3) OTHERS VS. STATE OF U P [LAWS(ALL)-2017-9-317] [REFERRED TO]
SHEO MOHAN VS. STATE OF U P [LAWS(ALL)-2017-9-275] [REFERRED TO]
JAGAN NATH AND OTHERS VS. STATE OF U.P. [LAWS(ALL)-2017-10-319] [REFERRED TO]
MUMTAZ VS. STATE OF U P [LAWS(ALL)-2016-5-347] [REFERRED]
RAM DULAR AND ORS. VS. STATE OF U.P. [LAWS(ALL)-2016-5-15] [REFERRED TO]
NANDE @ TAPESHWARI PRASAD VS. STATE OF U P [LAWS(ALL)-2017-8-475] [REFERRED TO]
MOHD SHAMIM GHOSI & ANOTHER VS. STATE OF U P [LAWS(ALL)-2017-8-471] [REFERRED TO]
HAIDER ALI VS. STATE OF U P [LAWS(ALL)-2017-8-466] [REFERRED TO]
KAMLA PRASAD SINGH AND (3) OTHERS VS. STATE OF U P [LAWS(ALL)-2017-7-346] [REFERRED TO]
PURNWASI VS. STATE OF U P [LAWS(ALL)-2017-5-544] [REFERRED TO]
SUNIL KUMAR GHOSH AND ORS. VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2015-8-58] [REFERRED TO]
AJAY TIWARI VS. STATE OF M.P. [LAWS(MPH)-2019-10-18] [REFERRED TO]
KRISHNA YADAV VS. STATE OF BIHAR [LAWS(PAT)-2024-9-15] [REFERRED TO]
VEDDEPALLY KRISHNA VS. STATE OF TELANGANA [LAWS(TLNG)-2023-12-25] [REFERRED TO]
TRILOCHAN SETHY VS. STATE OF ODISHA [LAWS(ORI)-2022-10-23] [REFERRED TO]
KRISHNAPPA VS. STATE OF KARNATAKA BY BABALESHWARA POLICE [LAWS(SC)-2012-7-63] [REFERRED TO]
PUTTASIDDAMMA VS. STATE OF KARNATAKA [LAWS(KAR)-2021-12-33] [REFERRED TO]
STATE OF KARNATAKA VS. BHASKAR [LAWS(KAR)-2022-1-147] [REFERRED TO]
ANWAR ALI AND ANOTHER VS. STATE OF HIMACHAL PRADESH [LAWS(SC)-2020-9-37] [REFERRED TO]
RAKESH KUMAR VS. STATE [LAWS(DLH)-2016-2-215] [REFERRED TO]
SHRI NATH VS. THE STATE [LAWS(DLH)-2019-4-303] [REFERRED TO]
MANJIL RAI VS. STATE OF WEST BENGAL [LAWS(CAL)-2022-7-58] [REFERRED TO]
BANTU LALA VS. STATE OF U.P. [LAWS(ALL)-2016-1-111] [REFERRED TO]
ABBAS AND ANOTHER VS. STATE OF U P [LAWS(ALL)-2016-6-113] [REFERRED]
RAJENDRA AND ORS. VS. STATE OF U.P. [LAWS(ALL)-2016-3-79] [REFERRED TO]
NANHEY @ RAJPATI MISHRA VS. STATE OF U P [LAWS(ALL)-2017-10-268] [REFERRED TO]
SHEO NATH AND OTHERS VS. STATE OF U P [LAWS(ALL)-2017-10-267] [REFERRED TO]
PRABHU AGED ABOUT 60 YEARS VS. THE STATE OF U.P. [LAWS(ALL)-2017-3-264] [REFERRED TO]
ANIL KUMAR AND OTHERS VS. STATE OF U P [LAWS(ALL)-2017-8-365] [REFERRED TO]
JHAPTI AND (4) OTHERS VS. STATE OF U P [LAWS(ALL)-2017-9-270] [REFERRED TO]
KHURSHID VS. STATE OF U.P. [LAWS(ALL)-2018-1-14] [REFERRED TO]
RAM PRASAD @ PARSADDU VS. STATE OF U P [LAWS(ALL)-2017-8-446] [REFERRED TO]
MAHEY ALAM VS. STATE [LAWS(ALL)-2020-3-22] [REFERRED TO]
BADRI AND OTHERS VS. STATE OF U.P. [LAWS(ALL)-2018-9-121] [REFERRED TO]
INDERJEET SINGH VS. STATE [LAWS(DLH)-2014-5-119] [REFERRED TO]
MANOJ VS. STATE OF GUJARAT [LAWS(GJH)-2023-6-2082] [REFERRED TO]
STATE BY MYSORE VS. SRI BHIRAVA @ BHIRAPPA [LAWS(KAR)-2022-1-78] [REFERRED TO]
STATE OF KARNATAKA VS. BASAVARAJU [LAWS(KAR)-2022-12-98] [REFERRED TO]
NAGASHETTY VS. STATE OF KARNATAKA [LAWS(KAR)-2021-12-11] [REFERRED TO]
SANJEEV ATTRI VS. RUCHI ATTRI [LAWS(HPH)-2016-7-308] [REFERRED TO]
Nirgat Gond VS. State of Orissa [LAWS(ORI)-2010-7-47] [REFERRED TO]
MD KARI, SON OF LATE MD NAZIR VS. STATE OF BIHAR [LAWS(PAT)-2017-11-166] [REFERRED TO]
MANAS PRADHAN VS. STATE OF ODISHA [LAWS(ORI)-2022-8-44] [REFERRED TO]
ANWAR KHAN VS. STATE OF ODISHA [LAWS(ORI)-2021-7-5] [REFERRED TO]
NARENDRA ARYA VS. STATE OF UTTARAKHAND [LAWS(UTN)-2022-10-12] [REFERRED TO]
BALDEV SINGH VS. STATE OF PUNJAB [LAWS(SC)-2013-9-70] [REFERRED TO]
SHANMUGAM VS. STATE REP. BY INSPECTOR OF POLICE, T.NADU [LAWS(SC)-2013-9-24] [REFERRED TO]
ALLAM SUDHAKAR VS. STATE OF AP [LAWS(TLNG)-2023-1-57] [REFERRED TO]
MD. ANOWAR HUSSAIN VS. STATE OF ASSAM [LAWS(SC)-2022-10-19] [REFERRED TO]
SHANKAR VS. STATE OF MAHARASHTRA [LAWS(SC)-2023-3-47] [REFERRED TO]
RAM KISHAN VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2019-9-126] [REFERRED TO]
STATE OF U.P. VS. GOVIND PASI [LAWS(ALL)-2022-10-18] [REFERRED TO]
BHAGWATI SINGH VS. STATE OF U.P. [LAWS(ALL)-2022-6-57] [REFERRED TO]
KRISHNA AND OTHERS VS. STATE OF U P [LAWS(ALL)-2018-8-110] [REFERRED TO]
S K TIWARI VS. H M B SINHA [LAWS(ALL)-2019-10-76] [REFERRED TO]
JAI PAL SINGH AND (3) OTHERS VS. STATE OF U P [LAWS(ALL)-2017-10-270] [REFERRED TO]
RAM LAKHAN VS. STATE [LAWS(ALL)-2017-11-79] [REFERRED TO]
CHANDRA PRAKASH @ PRAKASH VS. STATE OF U.P. [LAWS(ALL)-2017-10-318] [REFERRED TO]
SEWA SINGH AND ANOTHER VS. STATE OF U P [LAWS(ALL)-2017-8-424] [REFERRED TO]
RAMESH VS. STATE OF U P [LAWS(ALL)-2017-8-411] [REFERRED TO]
SHAMSAD ALI & OTHERS VS. STATE OF U P [LAWS(ALL)-2016-9-290] [REFERRED]
RAM MILAN AND ANOTHER VS. STATE OF U P [LAWS(ALL)-2017-9-265] [REFERRED TO]
SHYAMOO @ PAPPU VS. STATE OF U P [LAWS(ALL)-2018-1-331] [REFERRED TO]
KALP NARAIN AND ORS. VS. STATE OF U.P. [LAWS(ALL)-2016-5-13] [REFERRED TO]
RAM LAKHAN AND OTHERS VS. STATE OF U P [LAWS(ALL)-2016-5-512] [REFERRED]
BALJEET SINGH VS. STATE OF DELHI [LAWS(DLH)-2014-9-245] [REFERRED TO]
KARRI NAGESWARA RAO @ BUJJI VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2016-2-68] [REFERRED TO]
SHEKARAPPA VS. STATE [LAWS(KAR)-2022-8-629] [REFERRED TO]
HARADHAN MAHATO & ORS VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2016-9-15] [REFERRED TO]
RANADIP BANERJEE VS. STATE OF WEST BENGAL [LAWS(CAL)-2024-10-33] [REFERRED TO]
SHANTAWWA VS. STATE OF KARNATAKA THROUGH PSI [LAWS(KAR)-2018-2-215] [REFERRED TO]
STATE OF GUJARAT VS. BHARVAD SANGRAMBHAI JAKSHIBHAI AND ORS. [LAWS(GJH)-2016-3-157] [REFERRED TO]
SURESH ATMARAM INDORE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2016-9-150] [REFERRED]
STATE OF KARNATAKA VS. BHEEMRAJU [LAWS(KAR)-2022-5-99] [REFERRED TO]
STATE OF KARNATAKA VS. KRISHNAMURTHY M. T. [LAWS(KAR)-2022-5-133] [REFERRED TO]
MOHAMMAD ALI AND ORS. VS. THE STATE OF JHARKHAND [LAWS(JHAR)-2016-1-36] [REFERRED TO]
AMARJEET ANAND VS. STATE OF JHARKHAND [LAWS(JHAR)-2017-8-9] [REFERRED TO]
STATE OF MAHARASHTRA VS. SANTOSH MANOHAR CHAVAN [LAWS(BOM)-2011-10-19] [REFERRED TO]
A K JAYAKUMAR VS. STATE [LAWS(BOM)-2012-2-53] [REFERRED TO]
SK. ALAM VS. STATE OF WEST BENGAL [LAWS(CAL)-2022-11-7] [REFERRED TO]
PORESH SOREN VS. STATE OF ASSAM [LAWS(GAU)-2022-6-97] [REFERRED TO]
RAM LAL AND OTHERS VS. STATE OF U P [LAWS(ALL)-2017-9-38] [REFERRED TO]
SHEO KUMAR @ BAGGAR VS. STATE OF U P [LAWS(ALL)-2017-9-267] [REFERRED TO]
VISHUN KUMAR & ANOTHER VS. STATE OF U P [LAWS(ALL)-2017-8-469] [REFERRED TO]
SANTOSH KUMAR SHUKLA VS. STATE OF U P [LAWS(ALL)-2017-8-438] [REFERRED TO]
HIRA VS. STATE OF U.P. [LAWS(ALL)-2017-5-311] [REFERRED TO]
BHAGWAN DIN & OTHERS VS. STATE OF U P [LAWS(ALL)-2017-8-368] [REFERRED TO]
JAGESHWAR VS. STATE OF U P [LAWS(ALL)-2017-8-420] [REFERRED TO]
SANDHYA SINGH VS. STATE OF U.P. [LAWS(ALL)-2022-12-47] [REFERRED TO]
VAISAKH VS. STATE OF KERALA [LAWS(KER)-2021-10-124] [REFERRED TO]
MOHAN LAL VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2018-11-63] [REFERRED TO]
BIRJU SALLA VS. STATE OF GUJARAT [LAWS(GJH)-2023-8-570] [REFERRED TO]
STATE VS. SANGANNA [LAWS(KAR)-2022-3-188] [REFERRED TO]
DIPLAL RAI VS. STATE OF BIHAR [LAWS(PAT)-2024-10-8] [REFERRED TO]
SUDHAKAR @ SUDHARASAN VS. STATE [LAWS(SC)-2018-3-41] [REFERRED TO]
BHASKARRAO & ORS. VS. STATE OF MAHARASHTRA [LAWS(SC)-2018-4-153] [REFERRED TO]
STATE OF MAHARASHTRA VS. RAMLAL DEVAPPA RATHOD AND ORS. [LAWS(SC)-2015-9-155] [REFERRED TO]
SADDIK @ LALO GULAM HUSSEIN SHAIKH & ORS. VS. STATE OF GUJARAT [LAWS(SC)-2016-10-25] [REFERRED TO]
YOGESH SINGH VS. MAHABEER SINGH & ORS. [LAWS(SC)-2016-10-41] [REFERRED TO]
KULVINDER SINGH VS. STATE OF HARYANA [LAWS(SC)-2011-4-74] [REFERRED TO]
SHRI GHANASHYAM CHETTRI VS. STATE OF SIKKIM [LAWS(SIK)-2011-9-4] [REFERRED TO]
ASHOK KUMAR SINGH CHANDEL VS. STATE OF U.P. [LAWS(SC)-2022-11-16] [REFERRED TO]
PRABHU LAL AND OTHERS VS. STATE OF RAJASTHAN [LAWS(RAJ)-2012-12-173] [REFERRED]
ANUSUYA VS. STATE OF KARNATAKA [LAWS(KAR)-2022-10-800] [REFERRED TO]
STATE OF KARNATAKA VS. SANTHOSH [LAWS(KAR)-2022-11-943] [REFERRED TO]
PAMPAPATHI VS. STATE OF KARNATAKA [LAWS(KAR)-2020-12-222] [REFERRED TO]
ASHOKSINH JORUBHA VAGHELA VS. STATE OF GUJARAT [LAWS(GJH)-2013-1-351] [REFERRED TO]
SAMPATH KUMAR VS. STATE [LAWS(KAR)-2022-6-1468] [REFERRED TO]
BAIJU VS. STATE OF M.P. [LAWS(MPH)-2021-10-23] [REFERRED TO]
SUNIL KUMAR VS. STATE OF H.P. [LAWS(HPH)-2024-1-7] [REFERRED TO]
PIARE LAL VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-4-67] [REFERRED TO]
GOVINDA NAYAK VS. STATE OF ODISHA [LAWS(ORI)-2024-1-62] [REFERRED TO]
VIKRAM NIRMALKAR VS. STATE OF C.G. [LAWS(CHH)-2018-10-260] [REFERRED TO]
VISHAL YADAV VS. STATE OF U.P. [LAWS(DLH)-2014-4-24] [REFERRED TO]
RAHISUDDIN VS. STATE [LAWS(DLH)-2013-9-396] [REFERRED TO]
RISHI TANDAN VS. STATE OF U P [LAWS(ALL)-2016-5-358] [REFERRED]
SUDESHPAL VS. STATE OF U P [LAWS(ALL)-2017-2-333] [REFERRED TO]
MAHESH & OTHERS VS. STATE OF U P [LAWS(ALL)-2017-7-321] [REFERRED TO]
RAM CHARAN AND OTHERS VS. STATE OF U.P. [LAWS(ALL)-2020-4-10] [REFERRED TO]
MANJOOR AND OTHERS VS. STATE OF U.P. [LAWS(ALL)-2017-8-1] [REFERRED TO]
ANGANA VS. STATE OF U P & ANOTHER [LAWS(ALL)-2017-9-242] [REFERRED TO]
SHYAMA DEVI VS. STATE OF U P [LAWS(ALL)-2017-9-299] [REFERRED TO]
SAHUKAR AND ORS VS. STATE OF U P [LAWS(ALL)-2018-5-145] [REFERRED TO]
HARDAYAL SINGH VS. STATE NCT OF DELHI [LAWS(DLH)-2013-2-90] [REFERRED TO]
JALAL SIDDIQUI MULLA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-12-170] [REFERRED TO]
KOBBAD ALI VS. STATE OF ASSAM [LAWS(GAU)-2021-9-25] [REFERRED TO]
PREM SINGH VS. STATE OF NCT OF DELHI [LAWS(SC)-2023-1-3] [REFERRED TO]
GURUSWAMY VS. STATE OF KARNATAKA [LAWS(KAR)-2021-11-135] [REFERRED TO]
STATE OF KARNATAKA VS. SHEKHAPPA [LAWS(KAR)-2022-3-192] [REFERRED TO]
BABU VS. STATE OF KERALA [LAWS(SC)-2010-8-45] [REFERRED TO]
SULABH JAIN VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2022-6-71] [REFERRED TO]
SRI TAPAN MAJUMDER ALIAS PURA VS. STATE OF TRIPURA [LAWS(TRIP)-2019-1-5] [REFERRED TO]
RIKHI RAM VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2014-12-14] [REFERRED TO]
CHAND KISHORE VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2022-7-60] [REFERRED TO]
SANMAT KUMBHAR VS. STATE OF ODISHA [LAWS(ORI)-2022-10-24] [REFERRED TO]
LAKHIRAM HEMBROM VS. STATE OF JHARKHAND [LAWS(JHAR)-2020-2-114] [REFERRED TO]
SUNIL KUMAR RATRE VS. STATE OF C.G. [LAWS(CHH)-2023-3-83] [REFERRED TO]
SATTAR VS. STATE OF U.P. [LAWS(ALL)-2024-12-2] [REFERRED TO]
SATTAR VS. STATE OF U.P. [LAWS(ALL)-2019-4-304] [REFERRED TO]
ZAHID VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2020-8-30] [REFERRED TO]
RAMJI YADAV VS. STATE OF U.P. [LAWS(ALL)-2021-11-50] [REFERRED TO]
OM PRAKASH VS. STATE OF U.P. [LAWS(ALL)-2022-11-45] [REFERRED TO]
SALAUDDIN VS. STATE OF U.P. [LAWS(ALL)-2019-12-251] [REFERRED TO]
GURU PRASAD VS. STATE OF U P [LAWS(ALL)-2018-5-588] [REFERRED TO]
SHUKH DEV AND (2) OTHERS VS. STATE OF U P [LAWS(ALL)-2017-9-312] [REFERRED TO]
SHEO RAM & OTHERS VS. STATE OF U P [LAWS(ALL)-2017-8-430] [REFERRED TO]
RAM JAG VS. STATE OF U P [LAWS(ALL)-2017-9-292] [REFERRED TO]
DEV SHARAN VS. STATE [LAWS(DLH)-2023-5-174] [REFERRED TO]
KABIR VS. STATE [LAWS(DLH)-2019-1-468] [REFERRED TO]
AKASH VS. STATE (GOVT OF NCT OF DELHI) [LAWS(DLH)-2019-11-388] [REFERRED TO]


JUDGEMENT

- (1.)Challenging the order of the High Court of Judicature at Allahabad dated 19.9.2002 in Criminal Appeal No. 812 of 1980 acquitting Kishanpal Singh, Suresh Singh, Mahendra Singh @ Neksey Singh, Jaivir Singh, Sheodan Singh and Bahar Singh (Accused Nos. 2,4,7,8,9 & 10), the State of Uttar Pradesh has filed this appeal.
(2.)The case of the prosecution is as follows: On 21.6.1978 at 3.30 p.m., the sixteen accused persons gathered at the door of Gyan Singh and made a criminal conspiracy for killing Kaptan Singh and Raj Mahesh as they were harassing them unnecessarily. At about 4.00 P.M., Onkar Singh, Kishanpal Singh, Vijaipal Singh, Suresh Singh, Naresh Singh, Daulat Singh, Mahendra Singh @ Neksey Singh, Jaivir Singh, Sheodan Singh and Bahar Singh (Accused Nos. 1to10) reached at the place of occurrence with firearms. Onkar Singh (Accused No.1), Naresh Singh (Accused No.5), Daulat Singh (Accused No.6) and Sheodan Singh (Accused No.9) had guns while others had country-made pistols. When they reached the place of occurrence, Suraj Pal Singh, Kaptan Singh and Raj Mahesh were preparing fodder in the cattle troughs for their cattle in front of their chaupal. Suraj Pal Singh's sister Smt. Maya Devi and mother Smt. Resham Devi were also present there. The aforesaid accused persons challenged Raj Mahesh and Kaptan Singh while Onkar Singh and Naresh Singh shouted that they will be killed and the entire family be finished. Onkar Singh fired at Raj Mahesh while Naresh Singh fired at Kaptan Singh. When the accused persons opened fire, Suraj Pal Singh ran inside the Jhonpari to save his life and witnessed the incident. Maya Devi and Resham Devi rushed to save Kaptan Singh, Daulat Singh fired upon Maya Devi. Ram Autar, brother of Kaptan Singh and Ishwari Devi came there to save Kaptan Singh and Raj Mahesh. Resham Devi, Ram Autar and Ishwari Devi were also fired at and received injuries when they tried to save Kaptan Singh and Raj Mahesh. On seeing the people arriving, the accused persons ran away from the spot. Suraj Pal Singh came out of Jhonpari and found Raj Mahesh and Maya Devi dead. Kaptan Singh was breathing his last while Resham Devi, Ishwari Devi and Ram Autar were lying injured. Kaptan Singh died on the way to hospital. Suraj Pal Singh did not receive any injury. Suraj Pal Singh (PW-1) sent Brajaue Singh to call Natthu Singh, who arrived soon from his village, for escorting the injured as he had a licence for rifle. After the arrival of Natthu Singh, all the four injured were taken to police station, Sidhpura in a bullock-cart. Natthu Singh also accompanied them. Natthu Singh wrote the report at the dictation of Suraj Pal Singh. The said report was filed at 9.30 p.m. at the police station, Sidhpura. The case was registered and the injured persons were sent for medical examination. Dr. S. P. Dikshit, PW-11, examined the injured persons and prepared their injury reports. Dr. R.P. Yadav, PW-6, conducted the postmortem examination on the dead body of Smt. Maya Devi, Kaptan Singh and Raj Mahesh on 22.6.1978 and prepared the report. Mr. K.P. Sharma, S.I., PW-12, took up the investigation and completed most of the investigation. Thereafter the investigation was continued by his successor and charge sheet was submitted against the accused.
(3.)The State filed the case in the Court of VI Additional Sessions Judge, Etah, against the accused persons. The trial Court, after examining the evidence and other materials on record and after hearing the parties, held that accused Gyan Singh, Harbir Singh, Rampal Singh, Gopal Singh, Sher Singh and Yudhishter Singh (Accused Nos. 11 to 16), who were charged under Section 120 B I.P.C. were found not guilty and accordingly acquitted them. The trial Court held that the prosecution had proved its case beyond all reasonable doubt against all the other accused persons (accused Nos. 1 to 10) and held them guilty under Section 148 I.P.C. for committing offence of rioting after forming an unlawful assembly as they were armed with firearms, and under Section 302/149 I.P.C. for committing the murder of Raj Mahesh, Kaptan Singh and Smt. Maya Devi and under Section 307/149 I.P.C. for causing firearm injuries on the person of Ram Autar, Resham Devi and Smt. Ishwari Devi. After hearing on the question of sentence as provided under Section 235 (2) Cr.P.C., Onkar Singh, Kishanpal Singh, Vijaipal Singh, Suresh Singh, Naresh Singh, Daulat Singh, Mahendra Singh, Jaivir Singh, Sheodan Singh and Bahar Singh were sentenced to undergo R.I. for two years under Section 148 I.P.C., five years R.I. under Section 307/149 I.P.C. and imprisonment for life under Section 302/149 I.P.C. All the sentences were to run concurrently.


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