CHANDRAWATI versus RAMJI TIWARI & ANR. ETC.

Citation: [2010] 9 S.C.R. 897 · Decided: 14-01-2010 · Supreme Court of India · Bench: H.S. BEDI, J.M. PANCHAL · Disposal: Dismissed
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Judgment (excerpt)

[2010] 9 S.C.R. 897 
CHANDRAWATI 
v. 
RAMJI TIWARI & ANR. ETC. 
(Criminal appeal Nos. 1098-1099 of 2003) 
JANUARY 14, 2010 
[HARJIT SINGH BEDI AND J.M. PANCHAL, JJ.] 
PENAL CODE, 1860: 
A 
B 
ss. 302 and 302 rlw 109 - Multiple murders - Accused C 
who fired at victims, convicted by trial court uls 302 and 
sentenced to death - Other four convicted u/s 3021109 and 
sentenced to life imprisonment - High Court declining death 
reference and also acquitting the others - Appeals by State 
and complainant - HELD: On facts, there was no charge for o 
the offence u/s 109 - It must, therefore, be held that as two of 
the accused had claimed the right of private defence and had 
also produced defence evidence in accordance with the plea, 
non-framing of a Charge uls 109 against the four acquitted 
accused had clearly caused prejudice to them - However, in 
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the circumstances of the case, it would not be in the interest 
of justice to remand the case, more particularly, as it is the 
admitted position that the only role attributed to the four 
accused who have been acquitted by High Court is~ exhorting 
the other accused to kill the enemy - Appeals dismissed. 
Wakil Yadav vs. State of Bihar 2001 SCC (Cr/.) 149; 
Joseph Kurian Philip Jose . Vs. State Of Kera/a 1994 ( 4 ) 
Suppl. SCR 122 =1994 ( 6) SCC 535- relied on. 
F 
Sohan Lal @ Sohan Singh & Ors. 
Vs State of Punjab 
G 
2003 (4 ) Suppl. SCR 676 = 2003 (11) sec 534; Dalbir 
Singh vs. State of UP. 2004(5) SCC 334; Radha Mohan Sigh 
vs. State of UP. 2006 (2) SCC 450, referred to. 
Judgment Recd. on 07.10.2010. 
897 
H 
A 
B 
c 
D 
E 
898 
SUPREME COURT REPORTS 
[2010] 9 S.C.R. 
Willie (Wiliam) Slaney vs. State of M. P. (1955) 
SCR 1140 =1956 AIR 116 - distinguished. 
Ca~e- Law Reference: 
2001 sec (Crl.) 149 
relied on 
para 4 
(1955) SCR 1140 
distinguished 
para 5 
2004(5) sec 334 
referred to. 
Para 5 
/ 
2006 (2) sec 450 
referred to 
para 5 
2003 (4) Suppl. SCR 676 referred to 
para 6 
1994 ( 4) Suppl. SCR 122 relied on 
para 6 
I 
I 
CRIMINAL APPEL.LATE JURISDICTION : Criminal Appeal 
Nos. ,1098-1099 of 2003. 
From the Judgment & Order dated 26.8.2002 of the High 
Court of Judicature at Allahabad in Criminal Appeal Nos. 2130 
& 1992 of 2000. 
WITH 
Crl. Appeal No.1100-1101 of2003. 
R.K. Dash, S.K. Dwivedi, Manoj Kr. Dwivedi, Vandana, 
G.V. Rao, P.K. Jain, Gunnam Venkateswara Rao for the 
F Appellant. 
A. Marlarputham, R.K. Dash, S.R. Setia, Praveen Swarup, 
P.K. Deyfor, T.A. Khan, R.K. Tanwar, A.K. Sharma, P.K. Jain, 
S.K. Dwivedi, Manoj Kr. Dwivedi, Vandana, G.V. Rao for the 
G 
Responden~. 
• 
The following order of the Court was delivered 
ORDER 
H 
1. This order will dispose of Criminal Appeal Nos. 1100-
CHANDRAWATI v. RAMJI TIWARI & ANR. ETC. 
899 
1101 of 2003 titled State of U. P. Vs. Ramji Tiwari & Ors. and 
A 
Criminal Appeal Nos. 1098-1099 of 2003 titled Chandrawati 
Vs. Ramji Tiwari & Anr. Etc. 
2. The facts have been taken from the appeals filed by 
Chandrawati Devi, the complainant in Criminal Appeal 
B 
Nos.1098-1099 of 2003. 
3. On 31st October, 1997 the accused were removing hay 
from the land in front of the house of Nazir, a neighbour of 
Chandrawati. Nazir objected to this action and started abusing 
them and tried to assault them as well. On hearing the 
C 
altercation Chandrawati's husband Bindeshwari and son Raj 
Kumar came out to intervene on which Godavari-accu.sed 
brought a double barrel (DBBL) gun and cartridges and gave 
them to accused Ramji Tiwari and exhorted him to kill Nazir and 
the others to settle the dispute for all times to come. Ramji D 
Tiwari first fired a shot at Nazir and a second shot at Smt. 
Kunna (PW-4) wife of Hazrat Ali. On hearing the sound of Dthe 
firing, the other accused namely Virendra Tiwari, 
Chandreshwar Tiwari and Laxmi further exhorted Ramji Tiwari 
and shouted that Bindeshwari was also coming from a Side 
lane and he too should not be spared. On this Ramji Tiwari fired 
a shot at Noor Jahan, Bindeshwari and his son Raj Kumar. 
Nazir and Bindeshwari died at the spot whereas Raj Kumar, 
Smt. Kunna and Noor Jahan were seriously injured. The incident 
was witnessed by Nawwa, Narad, Laxmi and others. 
Chandrawati lodged a FIR at about 10.40 a.m. on 31st October, 
1997. The bodies of the deceased, and the injured who were 
E 
F 
in serious condition, were removed to the Primary Health 
Centre at Etwa but Raj Kumar succumbed to his injuries on the 
way and Noor Jahan too succumbed to her injuries a little later. 
G
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