LexSTATE OF U.P. versus NAREN.DRA & ORS.
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A B .. _, . [2014] 14 .S.C.R. 1354 , STATE OF U.P. 1 v. NAREN.DRA & ORS, ,., . (CriminalAppeaiNos.1551-1554.of2008) SEPTEMBER 22, 2014 ' ,,\. [M. Y. EQBAL AND PIN.AKI CH.ANDRA GHOSE; JJ.] •. ' ' Penal Code, 1860: ss.3021149 ~Dispute over land'"' Murder- Conviction and death sentence by trial court- High C Court converted death sentence to life imprisonment on the ground that the case did not fall under rarest of rare case - Held: In the facts and circumstances of the case and evidence adduce.d by the prosecution side," there is no reason to interfere with the view of the High Court - Sentence - D Commutation of sentence. ·Dismissing the appeals, the Court . HELD: The High Court opined that considering the overall circumstances of the case, this case does not E fall within the category of rarest of rare case and it cannot be said that imprisonment for lesser sentence of life term altogether foreclosed. The High Court observed that compassion in sentence is also a key factor and it allows the scars to heal. Longevity of incarceration may make F them see reason. Passage of time may make them ponder over the crime they had committed. This might arose in them a feeling of remorse and repentance. Dismissing the Criminal Reference and partly allowing accused persons' appeals, the High Court converted the. G death sentence awarded to the accused into· imprisonment for life. There is no reason to disagree with . the view'. by the High Court in reducing the de~th . '"~ sentencEHnto life imprisonment. [Paras 5, 7][1357-C-E, · •b -. - -. • , -' +1. v .._' -n1 G-H]· ·. c, ·· · · ·., .'V H 1354 STATE OF U.P. v. NARENDRA & ORS. 1355 CRIMINAL APPELLATE JURISDICTION : Criminal A Appeal No(s): 1551-1554 of 2008 From the Judgment and Order dated 27-05-2005 of the High Court of Judicature at Allahabad in Criminal Appeal Nos. 2181, 1997, 2027, 2129, 2936, 2903 of 2004 and Criminal Reference No. 7 of 2004. B · Ratnakar Dash, Sr. Adv., Ms .. Pragati Neekhra; Abhisth Kumar, Som Raj Choudhury, Advs. for the Appellant. Mukesh K. Giri, Ms. Sandhya Goswami, Saryaya Krishna, Mahender P.S. Tomar, Jabar Singh, Advs. for the C Respondents. The Judgment of the Court was delivered by M. Y. EQBAL, J. 1. These appeals by special leave by the State are directed against the common judgment and order D dated 27'h May, 2005 passed by the High Court of Judicature atAllahabad in Criminal Appeal Nos. 2181, 1997, 2027, 2129, 2936 and 2903 of 2004 and Criminal Reference No. 7 of 2004 (for confirmation of death sentence of accused Manoj, Sonu, Umesh, Tej Pal and Narendra), whereby appeals of accused E Dinesh and Sheo Pal was allowed acquitting them of the charges and appeals of accused Manoj, Sonu, Umesh, Tej Pal and Narendra were partly allowed converting their death sentence to life imprisonment. 2. The facts in brief leading to the filing of the present F case are that one Pushplata alias Guddy (PW-1) lodged a report at Police station Deoband, Saharanpur that there was ·a dispute and enmity betWeen her husband Dr. Rajveer Singh and brother-in-law Rajpal Singh with regard to a land and • litigation which was pending in the Court. Due to said enmity, G on 3.6.2Q01 at about 7.00AM Manoj, Sonu alias Ajay, Umesh and Sunlf armed with cour:itry made pistols and Tej Pal, brother in-law" of Son-u, Narendra, son-in-law of Rajpal Singh armed with knives came to her house and killed her husband, sons Manish and Ashish and her brother Viriod with fire arms and H 1356 SUPREME COURT REPORTS [2014] 14 S.C.R.. A knives. She stated that she along with her mother, brother Amit and several other persons witnessed the occurrence. Inspector Arnrit Lal (PW-5) reached at the place of occurrence and instructed S.I. Azad Singh Chauhan (PW-6) to prepare the inquest memos. He prepared the site plan and recorded the B statement of informant Pushplata, witnesses Arn it Kurnar;Anar D~vi and Ram Singh (PW-2). He also collected the blood stained earth, plain earth, bed sheet, plain cement, empty cartridges and prepared the recovery memos. After conducting the postmortem of the deceased Rajbir, Manish,Ashish and . c Vinod on 3.6.2001, Dr. R.R. Gahlot (PW-3), Medical Officer, S.B.D. Government Hospital, Saharanpur opined that thedeath was caused by shock and haemorrhage as a result of ante mortem injuries,~The investigating Officer after obtaining permission from District Magistrate, Saharan
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