SHISHUPAL AND 2 OTHERSversusState of UP AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD

                 CRIMINAL APPEAL No. - 1562 of 2024

Shishupal And 2 Others
                                                              .....Appellant(s)
                                   Versus
State of U.P. and Another
                                                            .....Respondent(s)

Counsel for Appellant(s)                    :   Shiv Bahadur Yadav
Counsel for Respondent(s)                   :   G.A.

Court No. - 93
            HON'BLE MRS. VANI RANJAN AGRAWAL, J.

1. The instant appeal has been preferred against the Judgment and Orders
dated 16.11.2023 passed by the learned Special Judge (SC/ST Act), Jhansi in
Special Trial No.80 of 2008 (State vs. Shishupal and Others) arising out of
Case Crime No.1789 of 2007, under Sections 323/34, 504, 506 of the Indian
Penal Code and Section 3(1)10 of Scheduled Caste and Scheduled Tribes
(Prevention of Atrocities) Act, 1989, Police Station Navabad, District Jhansi,
whereby the appellants have been convicted and sentenced as under:-

(i) Under sections 323/34 I.P.C. - Rigorous Imprisonment for a period of one
year to appellants alongwith fine of Rs.1,000/- each, in case of default in
payment of fine the appellant shall undergo one month additional
imprisonment.

(ii) Under section 504 I.P.C. - Rigorous Imprisonment for a period of two
years to all the appellants alongwith fine of Rs.2,000/- each in case of
default in payment of fine the appellants shall undergo three months
additional imprisonment.

(iii) Under section 506 I.P.C. - Rigorous Imprisonment for a period of two
years to all the appellants alongwith fine of Rs.2,000/- each, in case of
default in payment of fine the appellants shall undergo three months
additional imprisonment.
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(iv) Under Section 3(1)10 of SC/ST Act - Rigorous Imprisonment for a
period of three years alongwith fine of Rs.3,000/- each and in case of default
in payment of fine the appellants shall undergo six months additional
imprisonment.

All the sentences shall run concurrently.

2. Heard Sri Shiv Bahadur Yadav, learned counsel for the appellants and Sri
Rahul Asthana, learned A.G.A. appearing for the State.

3. According to the prosecution's narrative, the complainant states that in
their village, Yashpal, Shishupal, Sumit, Sheetla and Dharmendra held
significant influence. The complainant was a member of the Dalit/ Harijan
community and do not have the courage to do or say anything against their
will. Two days before the Municipal Corporation elections, these individuals
called people to their homes and instructed them to vote for specific
candidates. The complainant initially agreed to their demands. However, on
the third day, after the elections, some unknown persons told the accused
that the complainant did not vote for their chosen candidate. Consequently,
the accused allegedly called the complainant to a house and abused him
using caste based slurs (specifically 'chamar'), stating, "Show him what
happens when you work against our will". They then proceeded to beat the
complainant with kicks and punches.

4. Based on the complaint (Ext. ka-1), FIR Ext. ka-2 was registered. The
details of the case were noted in G.D. as Ext. ka-4.

5. In support of its case, the prosecution produced oral evidence through:-
P.W.-1- Lalaram, P.W.-2- H.M. Sher Singh, and P.W.-3- Pramod Kumar
Yadav.

6. The Documentary evidences includes: 1. Complaint (Ext. ka-1) 2. Chik
FIR (Ext. ka-2) 3. Destruction certificate (Ext. ka-3) 4. Case registration GD
(Ext. ka-4) 5. Site map (Ext. ka-5) 6. Charge sheets (Exts. ka-6 and 7).
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                                 3

P.W.-1- Lalaram supported the prosecution story stating that he belonged to
the Chamar caste and the accused persons belonging to upper caste and used
caste- based slurs and had beaten him which was witnessed by Jagdish and
Vrindavan. He testified the written complaint made by him.

P.W.-2 - H.M. Sher Singh He was posted at the University outpost under
police station Navabad and based on the complaint he registered the chik
FIR against Shishupal and others in his own handwriting.

P.W.-3- Pramod Kumar Yadav was posted as Circle Officer in the years
2009 and 2010 (who identified the signatures and handwriting of the
Investigating officer C.O. Dinesh Singh) supported the prosecution story by
affirming the site plan and charge sheets against the accused persons.

The statements of the accused persons were recorded under section 313
Cr.P.C. in which they denied the incident, stating that they have been falsely
implicated due to village politics and did nit provide any evidence in their
defense.


7. Learned counsel for the appellants has stated at the bar that the appellants
were in custody since 16.11.2023 and during trial also they were not released
on bail. Learned counsel has further submitted that he has to say nothing on
merits of the case and he simply prays that the custodial punishment
awarded to the appellants be reduced to the period already undergone in jail.
He points out that the incident had taken place in the year of 2002.

So far as, sentence is concerned it has been held that:-

(i) In Uthem Rajanna vs. State of A. P. reported in 2005 (11) Supreme
Court Cases 531; accused was convicted and sentenced for six months
under Section 304-A IPC alongwith fine, three months under Section 338
IPC. In appeal Hon'ble the Apex Court has reduced the sentence period
already undergone.
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                                    (ii) In Neelam Bahal and another vs. State of Uttarakhand reported in
                                    (2010) 2 Supreme Court Cases 229; accused was convicted and sentenced
                                    under Section 307 IPC and sentenced him to undergo seven years' rigorous
                                    imprisonment. Hon'ble the Apex Court has convicted accused under Section
                                    326 IPC and reduced the sentence to period already undergone i.e. almost
                                    one year on the ground that the incident happened in the year 1987 when the
                                    accused was of young age of 25 years.

                                    8. After perusing the judgment impugned and considering the above
                                    mentioned judgments rendered by the Hon'ble Apex Court, I am of the view
                                    that the ends of justice will be met if the custodial punishment awarded to
                                    the appellants is reduced to the period already undergone by them in jail.

                                    9. In the circumstances mentioned above, modifying the period of custodial
                                    sentence, it is directed that the appellants are sentenced to undergo
                                    imprisonment already undergone by them in jail. The appellants are directed
                                    to deposit the entire fine as imposed by learned trial Court within a period of
                                    two months from today in the court concerned. In case of default in payment
                                    of fine the appellants shall undergo the entire sentence as awarded by the
                                    learned trial Court.

                                    10. Thus, the appeal is partly allowed with modification on the point of
                                    sentence only as mentioned above. Conviction is maintained.

                                    11. Let a copy of the judgment be sent to the concerned learned Sessions
                                    Judge concerned for its onward transmission to the court concerned for
                                    information and further action in the matter.
                                    April 6, 2026
                                    Dev
                                                                                (Mrs. Vani Ranjan Agrawal,J.)




Digitally signed by :-
DEV PRAKASH
High Court of Judicature at Allahabad