LexTORI SINGH versus THE STATE OF UTTAR PRADESH
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
19eI
Rag/wbar D<11•l
Jai l'Jaush
v.
TM Union of lndi4
AYJOlllar J.
IHI
•
580
SUPREME COURT REPORTS
[1962j
to be settled ont fixed in the impugned notification •. ~
conformed to the requirement of reasonalifoness in
~rt. liJ (6) and that undel'lying the relevant provi-
&1ons of tho statute,
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Tho petitions fail and aro dismissed with costs -
on<' •mt of hearing-fees.
Petitions diamissea.
TORI SINGH
v.
THE STATE OF UTTAR PRADESH
(K. ~- WA:>CHoo, K. C. DAS GUPTA and
J. C.SUAJI, JJ.)
Crim;naT Tril71-~k,fch Map-Marks placed on ba.ti8 of
,.1a1,,,,,,,,1.t
nf
,,.,'fnol!'"P.' to
~ulJ-lMpr:c'1Jr-Adm1'ssibility of
rod, o{Crim1°nal Proc<-l1m, 1898. (I' of 1898), •· 162.
Jfurdtr-SmfnC'--Son killing at in•ligation of fatht.r
,C:en!enr.e'oj flPOth, if inappropna/t.
The d•c•a•ed was i:oini:r to his field and passed by a
ph•form on which T and his fathrr B were sittinl!'., T carrying
-'
a pi<tol with him.
A• he passed bv the platform B instiir.ited
T to shoot the derease~ dnwn and T shot him.
T and B were
trie<l for the murder and were convicted on the ba.<is of the
tcstimonv of eye witnesses and the dying d•claration of the
deceas•d.
B was 'entenced to imprisonm•nt for· life and T
wa< sentenced to death. The app•llant contended that if the
dcreased was at the spot marked by the Sub-Inspector on the
~ketch map he coulrl not have received the injuries ac; stated
~
by the eye witn"'5es.
It was further urged that the sentence
of T should be rrduced to imprisonment for life as he had
,acted under the influence of his father.
llel.cl, that, the mark! made on the sketch map by the
Suh-Inspector on the b.sis of statements made by witnesses
to him were inadmi<sible unJer s. 162 Code of Criminal Pro-
cedure and the appellant could not use them to found any
ar~umcnt as to the improbability of the deceased being hit in
the manner stated by the witncues if he was standing at the ~
sp<>t marked on the •ketch map.
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3 S.C.R. SUPREMR COURT REPORTS
581
Bhagirathi Ohowdhury v. King Emperor, A.LR. 1926
Cal. 550, !bra Akanda v. Emperor, A.LR. 1944 Cal. 339 and
· Santa Singh v. The State of Punjab, A.LR. 19j6 S. C. 526,
referred to.
Held, further, that there was no reason to interfere with
the sentence of death passed on T. T was a mature man of
25 and he was sitting armed with a pistol along with his father
obviously having planned the murder with his
father.
Though he shot at the instigation of his father, he could not be
considered a young boy in his teens who was completely under
the influence of his father.
CRIMINAL APPELLATE JuRISDl'JTION : Criminal
Appeal No. 38 of 1961.
Appeal by special leave from the judgment
and order· dated October 28, 1960 of the Allahabad
High Court in Criminal Appeals Nos. 1310 and 1389
of 1960 and Referred No. 80 of 60.
C. B. Agarwala and K. P. Gupta, for the appel·
lants.
G. C. Mathur and C. P. Lal, for the respon-
dent.
196L September 12.
The Judgment of the
Court was delivered by
WANCHOO, J.--This is an appeal by special
leave against the judgment of the Allahabad High
Court. The appellants are father and son and live
in village Patrasi. The deceased Sohanlal also
lived in the same village. He is said to have 1.Jeen
murdered on the morning of December 2, 1959,
after sun-rise. About two years before the incident
one Sunder h'1d filed a criminal case against the
deceased. In that case.the present appellants had
helped Sunder against the deceased.
Tho deceased
was acquitted.
One Chetram was a witness for the
deceased in that case.
Later on, Tori Singh
appellant attacked Chetram with a spear and
Chetram made a report in that connection against
Tpri ~ingh. Sohanlal was helping him in that
matter,. and in consequence ther0 was enmity
between .Tori Singh and his father Budhi Singh,
appe1lants, and the deceased.
·
T(Jri Sirgh
v.
The State of
i·uar Ptcde1h
Tori Sirigh
v.
Th.Stai< of
U1tar P1adtsh
Wan<hoo ].
Q82
St1PREIIIB COt.IB'1' REPoR1'$
It is said that on tho morning of Decembor 2f
HJ.'i!J, the deceased wai;; going to the fields ouwidw
the villago in order to ease himself. He passed ~
a platform which is on a cross·rca<l in the \'ill~
The appellants were sitting on the platform,
Tori Singh carrying a pistol ''"ith him. As the
rlcceased passed by the platform, Burlhi Singh
instigated Tori Singh to shoot him down. Thereupon
Tori Singh shot at Sohanlal who was hit in tho Excerpt shown. Read the full judgment & AI analysis in Lexace.