KRISHNA PAL SINGHversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 CRIMINAL APPEAL No. - 2588 of 1985

Krishna Pal Singh
                                                                .....Appellant(s)
                                    Versus
State of U.P.
                                                              .....Respondent(s)

Counsel for Appellant(s)         : A.K. Singh Solanki, P.N.Mishra, Pashali
                                   Slolanki
Counsel for Respondent(s)        : A.G.A.

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

1. Heard Pashali Solanki, learned counsel for the appellant and Sri Rahul
Asthan, learned A.G.A. for the State.

2. This appeal has been filed against the judgment and order dated
12.09.1985 passed by Additional Sessions Judge, Bareilly, in S.T. No.47
of 1981, State Vs. Kishan Pal Singh and others, convicting the appellants
under Section 326/34 and 323/34 I.P.C. and sentencing each of them to 5
years R.I. and 6 months R.I respectively.

3. During pendency of the appeal, two of the accused persons Krishna Pal
Singh and Babu Lal have died. Accordingly, the appeal, insofar as it
relates to them stands abated. The present appeal survives only in respect
of present appellant Rajendra alias Tuttal.

4. The prosecution case, in brief, is that there existed a prior enmity
between accused Krishna Pal Sing and injured Mahavir Singh. On the
date of occurrence i.e. on 25.07.1982 at about 2.30 p.m., when the
informant Jagpal Singh was sitting with Mahavir Singh and his father-in-
law Ram Chandra Singh in the verandah of goods agency office, the
accused Krishna Pal Singh arrived armed with a fire-arm, while other
accused persons Babu Singh and Rajendra @ Tuttal were armed with
lathis. It is alleged that Krishna Pal Singh fire a shot at Mahavir Singh,
causing him to fall down, and thereafter the other co-accused persons
including the present appellant Rajendra @ Tuttal assaulted him with
lathis, causing grievous injuries. Father-in-law of Mahavir Singh also
sustained injuries in the incident.

5. An F.I.R. was lodged, by informant Jagpal Singh and injured were
medically examined on the same day at about 3.40 p.m. onwards by Dr.
Ravi Mehra. Mahavir Singh has sustained as many as 7 injuries which are
as follows :-

     "1. Lacerated wound 0.5 cm x 0.2 cm x scalp deep, left side 7 cm above
                                                                  CRLA No. 2588 of 1985
                                    2

     left ear.


     2. Lacerated wound 2 cm x 0.2 cm x scalp deep, right side 13 cm above
     right ear.

     3. Lacerated wound 2 cm x 1 cm on dorsum and inner aspect of right
     hand (kept U.O).

     4. Gun shot wound of entry 4 cm x 3 cm on medial aspect of left thigh 11
     cm above knee joint lying left. (Kept U.O).; blackening present.

     5. Gun shot wound of entry 0.4 cm x 0.3 cm interior to injury no. 4
     blackening present and kept U.O.

     6. Gun shot wound of entry) 0.3 cm x 0.2 cm x 0.2 cm posterior to injury
     no.4, blackening present( kept U.O).

     7. Gunshot wound of exit 6 cm x 4 cm on outer aspect of left thigh, 10 cm
     above knee joint lying left (kept U.O).

     8. Smell of alcohol per breath, pupil dilated reacting to light sluggishly.
     Injuries nos 3,4,5,6 and 7 were kept U.O and rest were simple; injury
     4,5,6 and 7 caused by fire and rest by blunt object, duration fresh."

6. Ram Chander Singh, father-in-law of Mahavir Singh has sustained as
many as 4 injuries. Injury report Ext. Ka-3 is on record duly proved in
evidence by P.W. -5 Dr. Ravi Mehra. The following injuries were present
on Ram Chander Singh as Ext. k-3:
     "1. Lacerated wound 10 cm x 3 cm x scalp deep on tip of head U shaped,
     tip of U is posteriorly 10 cm above the left ear.

     2. Contusion 3 cm x 2 cm on dorsum of right II index finger and joint.

     3. Contusion 10 cm x 2 cm on left scapular region kept U.O

     4. Contusion 2 cm x 2 cm on left back on the tip of left iliac crest.

7. Some of the injuries were kept under observation and advised for X-
ray. X-ray was done by X-ray technician in supervision of Dr.K.S. Tiwari.
X-ray report and X-ray plates are available on record. Documentary
evidence are also available on record.
8. Investigation was carried out and after investigation of the case, a
charge-sheet was submitted.

9. After hearing the arguments of both the parties and considering the
evidences on record, the trial court convicted the accused persons for
offence under Sections 326/34 and 323/34 I.P.C. and sentenced
accordingly.

10. Learned counsel for the appellant submitted that the incident is about
more than 40 years old and prolonged litigation has caused immense
hardship to the present appellant. The main role of firing has been
attributed to co-accused Krishna Pal Singh who is now deceased. The
                                                               CRLA No. 2588 of 1985
                                   3

present appellant is alleged only to have caused injuries by lathi.
Considering the passes of time and the nature of injuries the conviction
and sentence deserves to be concluded into Section 323 and 325 I.P.C.

11. Learned A.G.A. for the State supported the conviction and sentence
imposed by the trial court.

12. After hearing the arguments advanced by both the parties, perused the
record, it is not in dispute that fire-arm injury, which has been considered
by the learned trial court to constitute the offence under Section 326
I.P.C., has been attributed to co-accused Krishna Pal Singh who has since
died. The role assigned to the present appellant is that of assaulting the
injured person with lathi after the fire-arm injury has already been caused.
While the injuries suffered by injured Mahavir Singh are undoubtedly
grievous in nature, the specific overt act of causing fire-arm injury is not
attributed to the present appellant.

13. Section 326 I.P.C. reads as under :-

     "Section 326 IPC as defined under the Code reads as, "Whoever, except
     in the case provided for by section 335, voluntarily causes grievous hurt
     by means of any instrument for shooting, stabbing, or cutting, or any
     instrument which, used as a weapon of offence, is likely to cause death, or
     by means of fire or any heated substance, or by means of any explosive
     substance, or by means of any substance which it is deleterious to the
     human body to inhale, to swallow, or to receive into the blood, or by
     means of any animal, shall be punished with imprisonment for life, or
     with imprisonment of either description for a term which may extend to
     ten years, and shall also be liable to fine."


14. A perusal of medical report and X-ray report reveals that injured Ram
Chander Singh has sustained only simple injuries while Mahavir Singh
has sustained a fire-arm injury on his left thigh with an underlying
fracture of femur bone. Presence of a radio-opaque shadow of metallic
density in the X-ray report, indicating embedded pellets. A fracture of the
metacarpal bone of right hand is also noticed. In the present case, the
fracture in femur bone of the injured Mahavir Singh was caused due to
fire-arm injury on his left thigh. The role of causing fire-arm injury has
been attributed to co-accused- Krishna Pal Singh, who had died during
pendency of this appeal.

15. Having regard to the nature of weapon attributed to the present
appellant and the absence of any evidence suggesting that he shared a
common intention to cause grievous injury with danger weapon, it would
not be safe to uphold his conviction under Section 326 I.P.C.

16. However, the evidence on record clearly establishes that the appellant
participated in the incident, played an active role and caused injuries,
which include fracture of the metacarpal bone of right hand, which falls
within the ambit Section 325 I.P.C.
                                                                                           CRLA No. 2588 of 1985
                                                                   4

                                    17. Accordingly, conviction under Section 326/34 I.P.C. and sentenced
                                    imposed by learned trial court is hereby set aside. The appellant
                                    Rajendra alias Tuttal, is sentenced for offence under Sections 323 and
                                    325 I.P.C. for voluntarily causing hurt and grievous hurt.

                                    18. A perusal of order-sheet transpires that the appellant is in jail since
                                    03.09.2025 in execution of non-bailable warrant against him.

                                    19. Considering the fact that incident is about 44 years old and the
                                    appellant has faced a prolonged trial and appeal, the sentence is reduced
                                    to the period already undergone along with a fine to the tune of Rs.1000/-.

                                    20. The appellant is directed to deposit the amount of fine within 30 days
                                    from receiving a certified copy of this judgment. In default, he shall
                                    undergo imprisonment for a period of one month.

                                    21. Appellant Rajendra @ Puttal be released from jail forthwith, if not
                                    wanted any other case.

                                    22. Accordingly, the appeal is partly allowed.

                                    23. Let a copy of this judgment be transmitted to the trial court for
                                    necessary compliance.
                                    March 17, 2026
                                    P. Pandey
                                                                              (Mrs. Vani Ranjan Agrawal,J.)




Digitally signed by :-
PUSHPENDRA PANDEY
High Court of Judicature at Allahabad