Case Note & Summary
The appeals before the Supreme Court arose from the judgment of the High Court of Judicature at Allahabad, Lucknow Bench, which affirmed the conviction of the accused-appellants under Sections 147, 148 and 302 read with 149 of the Indian Penal Code, 1860. Originally, six accused, including Ram Dhani (who died during the High Court appeal), were tried by the III Additional Sessions Judge, Gonda, in Sessions Trial No. 242 of 1978. The trial court convicted them by judgment dated 3rd June, 1981, sentencing the main assailants to life imprisonment for murder and rigorous imprisonment for rioting. The prosecution case was that on the intervening night of 27th/28th June, 1977, a thief was caught at the complainant Raghav Ram's house, leading the complainant and others to go to the police station. On their return journey near village Kanchanpur, the accused, armed with kanta, ballam and lathi, ambushed them, challenging and attacking the deceased Harihar Saran, who died due to shock and haemorrhage from ante-mortem injuries. The FIR was lodged at 7:00 p.m. The investigation recovered two bicycles allegedly belonging to the accused, blood-stained soil and a site plan. The prosecution examined ten witnesses including three eye-witnesses, the father of the deceased to prove motive, and the investigating officers. The accused pleaded false implication due to enmity and examined one defence witness. The trial court convicted all accused. The High Court dismissed their appeal in 2011, affirming the trial court's findings. In the Supreme Court, two accused died during the appeal pendency, leaving their appeals abated. The remaining appellants (Raj Bux, Hira Lal, Subedar) challenged the verdict on grounds that the FIR was ante-timed, inquest was delayed, and the prosecution story was fabricated after investigation. The Court granted bail to some appellants but rejected the bail of Hira Lal due to a graver role. The provided portion of the judgment ends with a part of the appellants' submissions; the final decision and reasoning of the Supreme Court are not included in the text.
Issue of Consideration
CRIMINAL APPEAL NO(S). 239 OF 2013
Case Details
2026 LawText (SC) (07) 14
Criminal Appeal No. 239 of 2013 (along with 237, 238, 236 of 2013)
Deo Prasad and Anr. (and connected appeals: Raj Kishore, Hira Lal, Raj Bux, Subedar)
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Nature of Litigation
Criminal appeal against conviction for murder and rioting
Remedy Sought
Accused-appellants sought setting aside of conviction and sentence awarded by trial court and affirmed by High Court
Filing Reason
The High Court dismissed their appeal and upheld the trial court's judgment of conviction and sentence, aggrieving the appellants
Previous Decisions
Trial Court (III Additional Sessions Judge, Gonda) convicted appellants under Sections 147/148/302/149 IPC and sentenced them to life imprisonment and rigorous imprisonment on 3rd June, 1981; High Court of Judicature at Allahabad, Lucknow Bench, dismissed the appeal and affirmed the conviction and sentence on 20th November, 2011
Submissions/Arguments
The High Court failed to consider that the FIR was not registered at the projected time and the entire prosecution story was developed ex post facto after conducting the investigation, thereby creating serious doubts about the genuineness of the FIR and the involvement of the accused-appellants; it was also submitted that despite the alleged occurrence being reported on 28th June 1977, the inquest proceedings were carried out on the next morning
Judgment Excerpts
The High Court failed to consider, or rather omitted to consider, that the alleged occurrence is stated to have taken place in the late hours of the day and even the inquest proceedings were carried out on the next morning. It was urged that the FIR was actually not registered at the projected time and the entire prosecution story was developed ex post facto after conducting the investigation, thereby creating serious doubts about the genuineness of the FIR and the involvement of the accused-appellants.
Procedural History
The accused-appellants along with Ram Dhani were tried by the III Additional Sessions Judge, Gonda, in Sessions Trial No. 242 of 1978 for offences under Sections 147, 148, 302/149 IPC. The trial Court convicted them on 3rd June, 1981, sentencing certain accused to life imprisonment and others to rigorous imprisonment. Being aggrieved, they preferred Criminal Appeal No. 418 of 1981 before the High Court of Judicature at Allahabad, Lucknow Bench. During the pendency of that appeal, co-accused Ram Dhani died, and his appeal abated. The High Court dismissed the appeal and affirmed the trial Court's conviction and sentence on 20th November, 2011. The convicted appellants then filed special leave petitions before the Supreme Court, leading to these criminal appeals. During the pendency before the Supreme Court, appellant Raj Kishore (Accused No. 1) and appellant Deo Prasad (Accused No. 5) died, resulting in the abatement of their respective appeals.
Acts & Sections
- Indian Penal Code, 1860: 147, 148, 302, 149
- Code of Criminal Procedure, 1973: 313, 374(2)
