Allahabad High Court
Nirmal Lal vs State Of U.P. on 11 August, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 90 Case :- CRIMINAL APPEAL No. - 2176 of 1982 Appellant :- Nirmal Lal Respondent :- State of U.P. Counsel for Appellant :- G.S. Hajela Counsel for Respondent :- A.G.A. Hon'ble Vikram D. Chauhan,J.
Heard Dr. Abida Syed, learned Amicus Curiae for the appellant and learned A.G.A. for the State respondents.
The present appeal is filed against the judgment dated 03.07.1982 and sentence dated 06.07.1982 passed by IVth Additional Sessions Judge, Shahjahanpur thereby convicting and sentencing the appellant, Nirmal Lal under Section 392 I.P.C. for a period of one and half year imprisonment and further under Section 171 I.P.C. for a term of two months imprisonment.
As per the prosecution case, on 15.02.1979 about noon complainant Rajendra Singh (P.W.2) was going to Powayan from his villag Kataul and it was drizzling. He had Rs.20/- with him in outer pocket of his coat. He passed through the northern side of the canal which led onwards through village Korokuiyan towards west. On the passage, he reached near Ganda Nala, which ran north-south across the canal within the limits of village Lakhram, about 12 O'clock in the day. Suddenly two miscreants including the accused dressed in police uniform appeared from bushes lying nearby towards north and came to him. They asked the complainant to deliver whatever he had with him. The accused took out his knife and snatched Rs.20/- from the pocket of his coat. Informant raised alram. Jagdish Singh (P.W.3), Shri Pal Singh and Om Pal Singh, who were going to Bara Gaon and lay behind him, attracted by the alarm, rushed on to his rescue. The miscreants ran away. The complainant and others picked up courage and chased them. They succeeded in capturing the accused at a short distance. The accused disclosed his identity and that of his companion. They searched the person of the accused and recovered the knife from the pocket of his pant and two currency notes of Rs.10/- each from his hand. The complainant accompanied by the prosecution witnesses took the accused to the police station. The accused was handed over to the custody of the police. The knife and Rs.20/- recovered from him, were deposited at the police station. The complainant got report of the occurrence scribed by Shri Pal Singh and filed it at the police station. On 15.02.1979 at 2:30 pm, Head Constable Parmeshwar Dayal (P.W.1) on the basis of written report prepared formal F.I.R.
On the conclusion of the investigation, a charge dated 28.03.1982, under Sections 392, 397, 171 I.P.C. and Section 25 of the Arms Act was submitted against the accused- appellant. The accused pleaded not guilty and denied to have committed alleged offence. It was further stated that the accused was falsely implicated.
Prosecution has examined four witnesses in support of his case. Among them Parmeshwar Dayal (P.W.1) and S.I. Hansraj Singh, Investigating Officer (P.W.4) have offered formal evidence in the case. The complainant Rajendra Singh (P.W.2) has supported the prosecution case. He also deposed to have handed over the accused to the police custody and to have deposited the knife and currency notes recovered from him at the police station. He has stated to have got the report of the occurrence scribed by one Shri Pal Singh and to have filed it at the police station. Jagdish Singh has corroborated him and supported the prosecution in material particulars.
The trial court has come to the conclusion that from the evidence available on record, there is no matter of doubt that on or about date, time and place as pleaded by the prosecution, there took place some incident in which the prosecution witnesses, complainant Rajendra Singh and Jagdish Singh on one hand and the accused on the other hand were involved. The accused was taken into custody and handed over to the police soon after the alleged incident.
The trial court has further concluded that regarding the defence plea there is no evidence in support of defence plea. The suggestion did not inspire confidence and did not appear to be credible. The trial court has further come to the conclusion that there is sworn testimony of Rajendra Singh and Jagdish Singh in respect of the alleged incident and the accused was caught red handed on the spot and was handed over to the police. The witnesses have been cross-examined, however, nothing has come out in the cross-examination, which could render the testimony of the witnesses not credible and untrustworthy.
Learned Amicus Curiae has stated that the incident is of February, 1979 and the conviction of the accused under Section 392 I.P.C. is for one and half year and under Section 171 I.P.C. is for two months. She further submits at present the age of the appellant is about 75 years and the appellant has already suffered due to pendency of the criminal proceedings and as per the report dated 13.02.2007 the appellant was in custody since 06.07.1982 to 07.09.1982 and thereafter from 17.01.2007 to 09.02.2007. As such, the sentence awarded to the appellant may be reduced as the dispute in the present matter is with regard to the robbery of Rs.20/- only.
Learned A.G.A. has opposed the submissions of the learned Amicus Curiae, however, admits that sentence awarded to the appellant is too harsh and may be reduced since the appellant has already been under incarceration for more than two months.
As per trial court judgment dated 06.07.1982 appellant was taken in custody on 03.07.1982 and released on bail by order dated 07.09.1982 and further as per report dated 13.02.2007, the appellant was in jail from 17.01.2007 to 09.02.2007 and as such, the appellant has suffered incarceration of 87 days (more than two months).
In such view of the matter, the present appeal is partly allowed and the conviction of the appellant is uphled and the sentence awarded to the appellant is reduced to the period already undergone on the ground of advance age of the appellant as well as the facts and circumstances of the case including nature of offence and the fact that the appeal is pending since the year 1982. To the aforesaid extent, the Trial Court judgment dated 06.07.1982 is modified.
Registrar General of this Court is directed to pay an honorarium of Rs. 15,000/- to Dr. Abida Syed, learned Amicus Curiae for rendering effective assistance in the disposal of the matter.
Let the lower court record be transmitted back to court below along with a copy of this order.
Order Date :- 11.8.2022 Aditya