# Sobran Singh v. State

- **Citation:** (2005) 2 ILRA 452
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2005-05-06
- **Case number:** Criminal Appeal No. 435 of 1997
- **Bench:** Imtiyaz Murtaza, Amar Saran
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/sobran-singh-v-state-40472
- **Pages:** 13

## Headnote

Act
readwith
Jail
Manual-Para-198offence under Section-302/307 I.P.C.
Criminal
Appeal-premature
releaseappellant found guilty u/s 302 was
punished with rigorous imprisonment for
10 yrs. With on year R.I. for offence
under section 307- crime committed by
accused with the result of misery and
object poverty, because of deprivation
rather then any depravity- the accused
lost his mental balance wen castigated
by his wife for stealing words from
jungle for buying food for his familyunder these circumstances-the Principal
Secretary
(Home)
and
the
D.I.G.P.
(Provision) directed to consider the case
of appellant for pre mature release on
commutation of sentence-release not to
be rejected simply because the appellant
has been found guilty for murder of five
persons including his wife-held-state
itself could be faulted for this situation in
not providing food and livelihood to its
poorest citizens.

Held: Para 24

In view of this we direct that the
Principal Secretary (Home), and the
Director General of Police (Prisons),
Govt.
of
U.P.
may
consider
in
a
sympathetic manner the case of the
appellant for releasing him under the
U.P. Prisoners (Release on Probation)
Act or under paragraph 198 of the Jail
Manual, or other applicable provisions
whenever the appellant becomes eligible
for
consideration
of
his
case
for
premature release or commutation of the
sentence, after he has undergone the
requisite period of imprisonment. The
release of the appellant should not be
rejected simply because the appellant
has been found guilty for the murders of
five persons including his wife, little
child, two nephews, his sister-in-law and
for
causing
injuries to
his brother
Mahendra Singh and his brother-in-law
Chhatrapal Singh and thereafter to his
own person. The act of the accused
appears to be the act of a person who
has lost his mental balance as a result of
extreme poverty and hunger and in a
certain sense the State itself could be
faulted for this situation, because of its
failure to fulfil its obligation under
Article
21
of
the
Constitution
of
providing food and livelihood to its
poorest citizens.

## Text

_Characters 0–39,724 of 42,315. This is a partial read: ask again with offset=39724 for what follows._

452 INDIAN LAW REPORTS ALLAHABAD SERIES [2005
APPELLATE JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 06.05.2005

BEFORE
THE HON'BLE IMTIYAZ MURTAZA, J.
THE HON'BLE AMAR SARAN, J.

Criminal Appeal No. 435 of 1997

Sobran Singh

...Appellant
Versus
State

 ...Respondent

Counsel for the Appellant:
Sri Vinay Saran
Amicus Curiae

Counsel for the Respondent:
A.G.A.

U.P. Prisoners (Release on Probation)
Act
readwith
Jail
Manual-Para-198offence under Section-302/307 I.P.C.
Criminal
Appeal-premature
releaseappellant found guilty u/s 302 was
punished with rigorous imprisonment for
10 yrs. With on year R.I. for offence
under section 307- crime committed by
accused with the result of misery and
object poverty, because of deprivation
rather then any depravity- the accused
lost his mental balance wen castigated
by his wife for stealing words from
jungle for buying food for his familyunder these circumstances-the Principal
Secretary
(Home)
and
the
D.I.G.P.
(Provision) directed to consider the case
of appellant for pre mature release on
commutation of sentence-release not to
be rejected simply because the appellant
has been found guilty for murder of five
persons including his wife-held-state
itself could be faulted for this situation in
not providing food and livelihood to its
poorest citizens.

Held: Para 24

In view of this we direct that the
Principal Secretary (Home), and the
Director General of Police (Prisons),
Govt.
of
U.P.
may
consider
in
a
sympathetic manner the case of the
appellant for releasing him under the
U.P. Prisoners (Release on Probation)
Act or under paragraph 198 of the Jail
Manual, or other applicable provisions
whenever the appellant becomes eligible
for
consideration
of
his
case
for
premature release or commutation of the
sentence, after he has undergone the
requisite period of imprisonment. The
release of the appellant should not be
rejected simply because the appellant
has been found guilty for the murders of
five persons including his wife, little
child, two nephews, his sister-in-law and
for
causing
injuries to
his brother
Mahendra Singh and his brother-in-law
Chhatrapal Singh and thereafter to his
own person. The act of the accused
appears to be the act of a person who
has lost his mental balance as a result of
extreme poverty and hunger and in a
certain sense the State itself could be
faulted for this situation, because of its
failure to fulfil its obligation under
Article
21
of
the
Constitution
of
providing food and livelihood to its
poorest citizens.

(Delivered by Hon'ble Amar Saran, J.)

1. This Criminal Appeal has been
filed by the appellant Sobaran Singh from
jail. It arises from a judgment dated
30.8.97 passed by the Sessions judge,
Lalitpur in S.T. No. 26 of 1988 convicting
and
sentencing
the
appellant
to
imprisonment for life under section 302
IPC, to rigorous imprisonment for 10
years under Section 307 IPC, and to
rigorous imprisonment for one year under
section 309 IPC. The sentences were to
run concurrently.

2. We have heard Sri Vinay Saran,
Amicus Curiae for the appellant and the
2 All] Sobran Singh V. State

 453
learned AGA, and have perused the entire
record.

3. Briefly the prosecution case was
that at about 7.30 a.m. Harnam Singh
Parmar, a resident of village Gona came
to the village Chowkidar Nathoo Ram's
house on 4.1.1988 and informed him that
his real brother Sobran Singh had some
altercation with his wife and the other
members of the family about the theft of
wood by him from the forest. His wife
and the other members of the family had
asked him not to indulge in such acts of
theft etc. This infuriated Sobaran Singh
and he gave axe blows to his wife Smt.
Santosh Kunwar, Harnam Singh's wife
Smt.
Ganesh
Kunwar,
Rajpal
and
Dharmendra sons of Harnam Singh. All
the four died on the spot. The Chowkidar
was also informed that Mahendra Singh,
another brother of accused Sobran Singh
and Mahendra Singh's brother-in-law
Chhatrapal Singh were also given axe
blows by the accused and were lying
there. Sobaran Singh was roaming about
with the axe searching for Harnam Singh
and others of the family with intention to
cause their deaths also. Nathu Ram, the
village chowkidar went to the spot on this
information and saw Sobaran Singh
roaming about with an axe. Due to fear he
could
not
nab
the
appellant.
The
occurrence was seen by Smt. Dev
Kunwar, Trilok Singh and several others
of the village. The dead bodies were lying
on the spot. Leaving the dead bodies on
the spot, the village chowkidar Nathoo
Ram went to the police station Narhat and
gave this information, on the basis
whereof a case under sections 302/307
IPC was registered against the appellant
Sobran Singh as Case Crime No. 1/88 on
4.1.88 at 8.15 a.m. (vide Ext. Ka 4).

4. The investigation was taken up by
Sub-inspector Sahdev Singh, PW 13 who
was then Station Officer, police station
Narahat. He immediately interrogated the
scribe of the first information report, Ram
Khilawan who made the G.D. Entry (Ext.
Ka 17) on the basis of the report, and also
the informant Nathoo Ram. He proceeded
to the spot with a police force. There he
saw the accused Sobaran Singh roaming
around with an axe. The witnesses Munna
Lal and Keshav were also present there.
The axe which the accused carried with
him, was blood-stainted. He tried to catch
the appellant but he could not be
apprehended and ran away from the spot.
He was chased. The appellant ran towards
Manua Tal and after reaching there,
started administering axe blows to himself
on his neck and head with the intention of
committing suicide. The police force
could
succeed
in
apprehending
the
accused with the help of the witnesses on
the bank of Manua Tal. The axe (material
Ext. 1) was seized by the investigating
officer and a memorandum was prepared
which is Ext. Ka-8. The condition of the
accused was serious and, therefore, the
investigating officer sent him to Primary
Health
Centre,
Gona
along
with
constables Kalloo Prasad and Kamal
Kishore.
The
investigating
officer
returned to the spot to learn that the
injured Mahendra Singh and his brotherin-law Chhatrapal Singh had already gone
to Primary Health Centre with one Jandel
Singh for medical aid. On receiving this
information the investigating officer went
to the Primary Health Centre, Gona. No
doctor was available at the Primary
Health Centre. The condition of all the
injured was serious. He therefore got the
injured
persons
referred
to
District
Hospital, Lalitpur by the compounder.
The investigating officer again returned to
454 INDIAN LAW REPORTS ALLAHABAD SERIES [2005
the spot. He found the dead bodies of
Smt. Santosh Kunwar, Rajpal, Rajendra
Singh alias Dharmendra, Smt. Ganesh
Kunwar and Km. Baby. Inquest (Exts Ka
18 to Ka 22) were conducted by the
investigating officer on all 5 dead bodies
in the presence of witnesses. The
signatures of the inquest witnesses were
obtained on the inquest reports. All the
dead bodies were separately sealed. The
required papers such as letters for Reserve
Inspector, Chief Medical Officer, sample
seal, challan nash, photo nash etc. were
prepared by the investigating officer with
respect to all the dead bodies and marked
Exts. Ka-23 to Ka 55. The dead bodies
were thereafter entrusted to constables
Panna Lal and Hari Shanker along with
the concerned papers for being taken to
Lalitpur for post-mortem examination.
The
investigating
officer
thereafter
inspected the spot where the dead bodies
wee lying and where they were murdered.
He prepared site plan (Ext. Ka-57).
Blood-stained and plain earth were
collected from the places where all the
dead bodies where lying. He prepared
recovery memos in respect of the bloodstained and plain earth collected by him.
These recovery memos are Ext. Ka-9 to
Ka-12. A shawl was found lying near the
dead body of Santosh Kunwar. It had cut
marks attributable to the axe wielded by
the appellant. The investigating officer
seized it and sealed it. Ext. Ka-13 is the
memorandum regarding recovery of the
shawl. An ear ring made of rolled-gold
was found near the dead body of Ganesh
Kunwar. The investigating officer seized
it and handed it over to Harnam Singh,
husband
of
Ganesh
Kunwar.
The
supurdginama prepared on the spot about
the ear ring is Ex. Ka-14. The house of
accused Sobran Singh was then searched
by the investigating officer and a piece of
wood was found there which was seized.
A seizure memo in respect of this piece of
wood was also prepared and was signed
by
the
witnesses.
Thereafter
the
investigating officer went to the Banch
where the accused Sobran Singh had tried
to commit suicide. Blood stained and
plain earth was collected from that spot
also
and
was
sealed
in
separate
containers. The recovery memo in respect
of this collection is Ex. Ka-16. The
investigating officer thereafter prepared a
site plan of the said spot which is Ex.Ka58. The blood stained and plain earth
collected from the places mentioned
above are material Exts. 2 to 9. The shawl
is material Ext. 10.

5. On 5.1.88 the witness Harnam
Singh
was
interrogated
by
the
Investigating Officer. The Investigating
Officer on 5.1.88 inspected the spot where
injured Chhatrapal Singh was assaulted. A
site plan of the said spot was prepared and
is Ex. Ka-59. Blood stained and plain
earth was collected from the said spot also
in the presence of witnesses Munna and
Shiv Lal. The recovery memo in respect
thereof is Ex. Ka-60. The blood stained
and plain earth collected from there are
material Exts. XIII and XIV. The
Investigating Officer thereafter went to
the spot where injured Mahendra Singh
was given axe blows by the accused. A
site plan of the said spot was prepared by
the Investigating Officer and is Ex. Ka69. Blood stained and plain earth were
recovered there from and a memrandum
was prepared which is Ex. Ka-62. Blood
stained and plain earth are material Exts.
XV and XVI. The Investigating Officer
thereafter returned to the police station
and deposited the recovered and collected
articles and case property in the Malkhana
of the police station. He got his arrival at
2 All] Sobran Singh V. State

 455
the police station recorded in the general
diary. The copy of the general diary entry
in respect of all this is Ex. Ka-63. On
7.1.88 witness Dev Kunwar and some
others were interrogated. On 11.1.1988
the injured Mahendra and Chhatrapal
were interrogated. On 16.1.88 witnesses
Trilok Singh, Smt. Chanda and Smt.
Chandra Kunwar were interrogated by the
Investigating
Officer.
On
21.1.88
witnesses Meharban Singh, Bal Kishan,
Chaubey, Ommeda etc. were interrogated.
On 25.1.1988 the blood stained clothes of
injured Mahendra were taken by the
Investigating Officer and memorandum
was prepared which is Ex. Ka-64. These
clothes consisted of a weater material Ex.
XVII and Baniyan material Ex. XVIII. On
27.1.88 witnesses Keshav Prasad, Munna
Lal, Munna Rewat etc. were interrogated.
On 4.2.1988 the blood stained clothes of
injured
Chhatrasal
was
taken
into
possession of by the Investigating Officer
and the recovery memo in respect thereof
is Ex. Ka 65. The shirt and the Towel are
material Exts XIX and XX. On 6.2.88
witnesses
of
memorandums
and of
inquest were interrogated. On 7.2.88 the
statement of the Constable who had taken
the
dead
bodies
for
post-mortem
examination, was recorded.

6. Post-mortem examination on the
dead body of Smt. Santosh Kunwar wife
of accused Sobran Singh aged about 25
years was performed on 5.1.1988 at about
11.30 am by Dr. Udai Pratap Singh, PW
1. The duration of death was about one
day at the time of examination. She was a
young woman of average built. Rigor
mortis was present over all the four limbs.
Decomposition had not started. Eyes were
semi-open.
The
doctor
found
the
following ante-mortem injury on her
person:

'Incised wound on the left occipital
region slightly oblique, 7.5 cms x 2.5 cms
x brain deep, 4 cms. Behind the left ear.
On opening, occipital bone was found
fractured. Membranes were cut, brain
matter was coming out, and clotted blood
was present.'

Kidneys were congested. Spleen was
congested. Bladder was empty. Large
intestines contained gases. Small intestine
was empty. In the bladder 100 milliliters
of watery fluid was found. Membranes
were
congested.
Brain
was
also
congested. In the opinion of the doctor,
the death was due to shock and
haemorrhage caused by ante-mortem head
injury. Ex.Ka-1 is the post-mortem report.

At about 12.10 pm on the same day
Dr. Udai Pratap Singh, PW 1 performed
post-mortem examination on the dead
body of deceased Rajpal Singh aged about
18 years. The duration of death was about
one day at the time of examination. In this
case also rigor mortis was present on all
the four limbs and decomposition had not
started. Following ante-mortem injuries
were found on his person:

(1) Vertical incised wound on left
side on face 7 cms x 2 cms x bone deep, 3
cms. In front of left ear. On opening
underlying muscles, bone (mandible)
vessels were cut, clotted blood was
present.

(2) Vertical incised wound on the
upper part of right side of chest 8 cms.
Above the right nipple at 2 O'clock
position, 7 cms x 4 cms x lung deep. On
further opening the right clavicle, Ist and
2nd rings of right side pleura with lung
456 INDIAN LAW REPORTS ALLAHABAD SERIES [2005
underneath injury were cut, clotted blood
was present, in chest cavity.

Pleura was congested. Lungs were
congested. Bladder contained about 200
milliliters of undigested semi-solid fluid.
Small intestines were empty. Gases and
faecal matter were found present in the
large intestines. In the opinion of the
doctor, the death was due to shock and
hemorrhage as a result of the ante-mortem
injuries. Ex. Ka-2 is the post-mortem
report in respect of deceased Rampal
Singh.

At
12.50
pm
post-mortem
examination on the dead body of Rajendra
Singh son of Harnam Singh aged about 13
years was performed by Dr. Udai Pratap
Singh, P.W. 1. The duration of death was
about one day. Rigor mortis was present
on all the four limbs. Decomposition had
not
started.
Following
ante-mortem,
injuries were found on his person:

(1) Transverse incised would on the
lower part of back of head, 7 cms x 3 cms
x brain deep. On opening underlying
occipital bone, brain matter coming out,
membranes out.

(2) Transverse incised wound 7 cms
x 3 cms x spinal cord deep, 1.5 cms below
injury no. 1. On opening the underlying
Ist cervical vertebrae fractured, spinal
cord cut, brain matter coming out.

(3) Slight oblique incised wound on
the left side on back, 3 cms. Below lower
engle of left scapula 6 cms x 0.5 cm x
skin deep.

(4) Slightly oblique incised wound
on left side of back, 4 cms. Below injury
no. 3 measuring 7 cms x 1 cm x cavity
deep. On opening underlying muscles cut,
spleen cut underneath injury blood
present in abdominal cavity.

7. On internal examination, semidigested food was found present in the
small intestines and gases with faecal
matter were found present in the large
intestines. Spleen was congested. Brain
was
congested.
Membranes
were
congested. In the opinion of the doctor,
the death was due to shock and
hemorrhage
caused
by
ante-mortem
injuries. Ex. Ka-3 is the post-mortem
report in respect of deceased Rajendra
Singh.

8. On the same day i.e. 5.1.1988 at
about 1.20 pm, Dr. R.C. Sahu PW 9
performed post-mortem examination on
the dead body of Smt. Ganesh Kunwar
aged about 35 years wife of Harnam
Singh. Duration of death was about one
day. She was a young woman of average
built. Rigor mortis was present in all the
four limbs but had passed off from the
face and neck. Decomposition had not
started. Following ante-mortem injuries
were found on the person of the deceased:

(1) A incised wound 6 cms x 2 cms
x bone deep on the left lower jaw 3 cms
below from the left angle of mouth, injury
places obliquely, clotted blood present.

(2) A shaped incised wound 8 cms
x 2 bone deep anteriorly cutting the
temporal bone, just posterior to right Ear,
on the right temporal area of scalp, clotted
blood present.
(3) An incised wound 8 cms. X 3
cms. X muscle deep on the right lateral
side of neck, 1 cms. Below from the
injury no. 2. Injury placed obliquely.
Clotted blood present in and around the
injury.
2 All] Sobran Singh V. State

 457
(4) An incised wound 6 cms. X 2
cms. X x deep to larynx in the right lateral
side of neck, 0.5 cm. Above and anterior
from the injury no. 3 clotted blood
present.

9. On internal examination, the
doctor found right temporal bone of the
skull fractured. Spinal cord was found cut
under injury no. 3. The major blood
vessels on muscular nerves were also
found cut and clotted blood was present.
In the small intestines, gases and semi
digested food was found present. Large
intestines contained gases and faecal
matter. In the small intestines contained
gases and faecal matter. In the opinion of
the doctor, the death was due to shock and
hemorrhage caused by ante mortem
injuries. Post mortem report in respect of
deceased Smt. Gangesh Kunwar is Ex.
Ka-5.

Dr. R.C. Sahu PW 9 performed post
mortem examination on the dead body of
Km. Baby daughter of accused Sobran
Singh at 1.50 pm on 5.1.1988. She was
aged about 3 months Rigor mortis was
present and decomposition had not
started.
Eyes
were
closed.
Internal
examination revealed congestion in the
brain. Lungs were congested. No external
injury was found on the person of the
child. In the opinion of the doctor, the
cause of her death was asphyxia due to
inhalation of some fluid material whereby
breathing power was obstructed. The
duration of death in this case was also
about one day. The post mortem report is
Ext. Ka-6.

Dr. N.N. Saxena PW 16 examined
the accused Sobran Singh on 4.1.1988 at
District Hospital, Lalitpur and found the
following injuries on his person:
(1) Incised wound 10 cms x 2.5 cms
x muscle deep at the level of thyroid
cartilage, smooth and clean cut margins.
(2) Incised wound 4 cms x 0.25 cm
x muscle deep layer 1 cm. from the injury
no.1. Smooth and clean cut margins.
(3) Multiple incised wound five in
number on occipital area of scalp in the
10 cms x 6 cms x muscle deep of different
size about 2 cms x 0.25 cm clean and
smooth margins.
(4) Incised wound 4 cms x 5 cms x
bone deep on parietal region of scalp, 2
cms from the injury no.3. Smooth and
clean cut margins.
(5) Multiple incised wound 4 in
number on parietal region of scalp in the
area of 8 cms x 6 cms of different size 3
cms x 0.25 cm x muscle deep, 6 cms.
from the right eye-brow. Margins were
smooth and clean cut.

Ex. Ka-67 is the injury report
prepared by him in respect of the injuries
found on the person of appellant Sobran
Singh. All the injuries were found to be
simple and caused by some sharp edged
weapon. X-ray was advised and injuries
no. 1,3,4 and 5 were kept under
observation.

He
also
examined
the
injuries
sustained by injured Mahendra Singh
aged about 24 years at about 12.30 pm on
4.1.1988 and found the following injuries
on his person:

Incised wound 4 cms x 2 cms x
muscle deep on right side of forehead, 2.5
cms. from the right eyebrow. Margins are
smooth, clean cut inverted.

Incised wound 1.5 cms x 1 cm x
muscle deep on right parietal region of
458 INDIAN LAW REPORTS ALLAHABAD SERIES [2005
scalp, 5 cms from the injury no. 1
Margins are clean, smooth edge.

Incised wound 5 cms x 1.5 cm x
muscle deep on posterior point of neck,
12 cms. from the right ear. Margins are
smooth and clean cut.

Incised wound 6 cms. X 1 cm x
muscle deep on right occipital region of
scalp, 13 cms. from the right ear. Margins
are smooth and clear cut. Advised X-ray.

All the injuries were found to be
simple and caused by some sharp edged
weapon like axe. X-ray advised in respect
of injury no. 4. The injury report prepared
by the doctor is Ex. Ka -68.

Dr. N.N. Saxena, PW 16 examined
the injuries sustained by injured Chatrapal
Singh on 4.1.88 at about 1 pm. And
following injury was found on his person.

Incised wound 15 cms x 3 cms. x
muscle deep with traumatic swelling of 8
cms on lower part of wound on right side
of face, 1 cm. from the right ear. Margins
are smooth, clear cut. Advised X -ray.

The injury was fresh and was caused
by some sharp object. X-ray was advised.
The injury report is Ex. Ka-69.

On 12.2.88 after completion of the
investigation, the Investigating Officer
submitted charge sheet Ex Ka -66 against
the accused. Sri K.P. Singh, the term
CJM, Lalitpur, by his order dated
21.7.1988 committed the case to the
Sessions Court for trial.

10. Charges were framed on 7.11.88
against the appellant by the learned
Session Judge, under section 302 IPC for
causing the death of Smt. Santosh Kumari
, Rajpal singh Rajendra Singh alias
Dharmendra, Smt. Ganesh Kunwar and
Km. Baby, under Section 307 IPC for
causing hurt to Chatrapal Singh with an
intention to commit his murder, under
Section 307 IPC for causing hurt to
Mahendra Singh with the intention of
committing his murder. On 2.11.88 the
learned Sessions Judge separately framed
a charge under Section 309 IPC against
the appellant for attempting to commit
suicide by causing hurt to himself on the
date of incident.

11. The prosecution examined Dr.
Udai Pratap Singh, P.W. 1, Harnam
Singh, PW 2, Trilok Singh PW 3, Nathoo
Ram PW 4, Bal Kishan PW 5, Smt. Dev
Kunwar PW 6, Mahendra Singh PW 7,
Dr. R.C. Sahu PW 9, Smt. Chanda PW 8,
Constable
Ram
Khilawan
PW
10,
Constable Hari Shanker PW 11 (on
affidavit),
Keshav
Prasad
PW
12,
Investigating Officer Sahdev Singh PW
13, Constable Vishram Singh PW 14 ( on
affidavit), Constable Panna Lal PW 15
(on affidavit), Dr. N.M. Saxena P.W. 16
and Raj Kumar Jain PW 17 ( on affidavit)
as witnesses in this case.

12. As detailed above Dr. Udai
Pratap Singh P.W. 1 has conducted the
post mortem examinations on the bodies
of Santosh, Raj Pal and Rajendra, Dr.
R.C. Sahu PW 9 has conducted the post
mortem examinations on the bodies of
Smt. Ganesh and Km. Baby and Dr. N.N.
Saxena PW 16 has medically examined
the appellant Sobrain, Mahendra Singh
and
Chatrapal
Singh.
The
doctors
conducting post mortem examinations of
the deceased have stated that all the five
dead persons would have died at abaout 7
AM or so on 4.1.88. In the opinion of Dr.
2 All] Sobran Singh V. State

 459
N.N. Saxena, PW 16, the injuries found
on the person of appellant Sobrain Singh
could have been caused at about 9.30 AM
on 4.1.88. He also stated that the injuries
on the persons of Mahendra Singh and
Chatrapal Singh could have been caused
at about 7 am. In the morning on the same
day. The injuries of all the injured persons
could be caused by axe. He, however,
stated in para 10 that the injuries found on
the person of accused Sobrain Singh
could not be self inflicted except injury
no. 1. On further questioning, the doctor
stated that injury no. 2 also may be self
inflicted. He then stated that an axe is a
heavy cutting weapon and if the accused
Sobrain Singh wanted to injure himself
and used a heavy cutting weapon, the
injuries found on his person could be
caused. When cross-examined, the doctor
again stated that injuries no. 3, 4and 5
found on the person of Sobrain Singh
could not be self inflicted. When cross
examined further, he stated that at the
time of examination, Sobrain Singh was
conscious but his condition was serious.
He did not remember whether Sobrain
Singh was unconscious or semi conscious.
Since the condition of Sobran Singh was
serious, he was referred to Jhansi Medical
College.

13. PW 2 Harnam Singh, PW 3
Trilok Singh PW 6 Smt. Dev Kumar are
the eye witnesses of the first part of the
incident which relates to the murder of
Smt. Santosh Kunwar, Rajpal Singh
Raendra Singh and Smt. Ganesh Kunwar,
which took place in front of the building
or in the building in which accused
Sobran Singh and Harnam Singh and
some of his other brothers resided
separately. They stated that at about 6 or
615 am the accused started committing
assault on his wife smt.Santosh Kunwar
with an axe. Rajpal son of Harnam Singh
arrived there and prohibited the accused
from be labouring Smt. Santosh Kunwar.
This intervention by Rajpal was resented
by the accused and he moved towards him
and gave axe blows to him. Rajpal fell
down, Rajendra, another son of Harnam
Singh arrived there by then and the
accused did not spare him also. He also
assaulted Smt. Gasnesh Kaur causing her
death in the presence of the witnesses.

14. The second part is the assault on
Chatrapal Singh. This part took place at
the house of injured Mahendra Singh,
Chatrapal Ssingh was brushing his teeth
when Sobran Singh reached the ouse of
Mahendra
Singh,
asked
about
the
whereabouts of Mahendra Singh, and
thereafter gave one axe blow to chhatrpal
Singh causing injury on the right side of
his face. The eye witnesses of this assault
was Chanda wife of Jarnel, another
brother of the appellant, as the injured
Chatrpal himself was not examined.

15. Chanda PW. 8 states that she,
injured Mahendra Singh and his wife
Chandra Kunwar along with his brotherin-law Chatrapal Singh lived in one and
the same house. She also stated that
accused is elder brother of her husband
Janrel Singh. She witnessed the assault on
chatrapal Singh by the appellant at 6.45
am. On the fateful day. She was sweeping
the house. Chatrapal Singh was brushing
his teeth. Sobran Singh arrived there,
asked about Mahendra Singh saying that
he had already killed four persons and
now Mahendra Singh also shall be done
to death. Smt. Chanda PW 8 anfd Smt.
Chandra Kunwar wife of Mahendra Singh
(who has not been examined) came to the
front door of their house and saw Sobrain
Singh giving axe blow to Chatrapal
460 INDIAN LAW REPORTS ALLAHABAD SERIES [2005
Singh. On the protest by these ladies,
Sobran Singh rushed towards them but
they bolted the door from inside and were
saved.

16. PW 5 Bal Kishan and PW 7
Mahendra Singh are witnesses of the third
part of the incident which consists of the
assault on Mahendra Singh himself. Bal
Kishan gave the time of this assault to be
7 am. Mahendra Singh also stated that it
was about 7 or 8 am. In the morning. Both
of them stated that Mahendra Singh was
waiting for a bus at the Bus stand. This
Bus stand was in front of the house of Bal
Kishan PW 5 Bal Kishan was at his house
and Mahendra Singh was standing on the
road waiting for the bus. Bal Kishan saw
accused Sobrain Singh coming towards
Bus stand. He rushed towards the field of
Narain Singh but he fell down near the
bushes surrounding the field of Narain
Singh. Accused Sobrain Singh thereupon
gave axe blows to him. The incident was
seem by Bal Kishan PW 5 from his house
where he was standing. Mahendra Singh
stated that he fell down and became
unconscious and thereafter the accused
might have committed assault on him by
axe but he immediately corrected himself
and stated that it was Sobrain Singh who
gave axe blows to him, and that he
became
unconscious
after
sustaining
injuries.

17. The accused admitted in his
statement that Harnam Singh, Mahendra
Singh, Jandel Singh, Mahendra Singh are
real brothers and that he is also their real
brother. He admitted that the deceased
Ganesh Kunwar was wife of Harnam
Singh. He admitted that deceased Rajpal
Singh and Dharmendra alias Rajendra
were sons of his brother Harnam Singh.
He has also admitted that Smt. Santosh
Kunwar was his wife and deceased Baby
was his daughter. He admitted that Smt.
Chandra Kunwar is wife of injured
Mahendra Singh and injured Chhatrapal
Singh is his (Mahendra Singh) brother-inlaw. He stated that he lived with his wife
and daughter but it was wrong to say that
he was in the habit of stealing wood from
the forest and was always in financial
trouble. He has also denied that his wife
deceased Santosh Kunwar or witness
Harnam Singh objected and, therefore, he
started harbouring ill will towards them. It
is denied by him that he had brought
wood from the forest on the date of
incident also; and that therefore, he had
some altercation with his wife Smt.
Santosh Kunwar. He denied that he
caused the death of the deceased persons.
He also denied that he caused injuries to
Mahendra Singh and his brother-in-law
Chhatrapl Singh. He also stated that it was
wrong to say that the witnesses had seen
the incident. He also denied that he made
any attempt to commit suicide. He stated
that it was wrong to say that the axe was
recovered
from
him.
He
pleaded
ignorance about the collection of blood
stained earth and other articles by the
Investigating Officer from the spot. He
also did not know about the post mortem
examination performed by Dr. Udai
Pratap Singh and Dr. R.C. Sahu. He also
did
not
know
about
the
medical
examination of injured Mahendra Singh
and Chhatrapal Singh by Dr. N.N.
Saxena. He stated that he did not know
that he was examined by Dr. N.N.
Saxena, on 4.1.88 and simple axe injuries
were found on his person. He did not
know
anything
about
the
chemical
examination of the case property and the
result thereof. He stated that he did not
know as to why the witnesses deposed
against him. He also did not know why he
2 All] Sobran Singh V. State

 461
was prosecuted. His statement was that he
was sleeping in his house. While he was
asleep someone committee assault on him
and he became unconscious. He could
regain consciousness in Jhansi Medical
College where he remained admitted for
several days. In defence no oral evidence
was given. Document Ex. Kha 1 is
discharge certificate about the accused
Sobran Singh issued by the Medical
College Jhansi. It shows that the accused
was admitted on 4.1.1988 in Jhansi
Medical College and was discharged on
15.1.1988. Formal proof of this paper was
dispensed with and its genuineness was
admitted by the District Government
Counsel.

18. Sri Vinay Saran, learned Amicus
Curiae
has
largely
reiterated
the
submissions raised by the appellant's
counsel before the trial Court, and has
emphasized the plea relating to temporary
insanity of the appellant at the time of
incident.

From
the
statement
of
these
witnesses, it is clear that the incident took
place between 6 to 7 A.M. on 4.1.88. The
statements made by the doctors examined
in this case fully corroborate the eye
witnesses on the point of time of incident.

19. It appears that in this case, so far
as the place of incident is concerned, all
the
above
eye
witnesses
have
categorically described the three places
and there is no reason to doubt that the
incidents took place at the places alleged.
The first part of the incident, i.e. the
murder of Smt. Santosh Kunwar, Rajpal,
Rajendra and Smt. Ganesh Kunwar, took
place at the house or in front of the house
in which accused along with his other
brothers Harnam Singh etc. lived. The
second part, i.e. the assault on Chhatrapal
Singh took place at the house of
Mahendra Singh which was witnessed by
Smt. Chanda P.W. 8 and the third part
took place near the field of Narain Singh
where the victim Mahendra Singh had
fallen down, near the liquor shop where
the bus stopped. The investigating officer
prepared the site plans of all these three
places and collected blood-stained and
plain earth therefrom. This collection of
blood-stained and plain earth from these
places coupled with the statements of the
eye witnesses adequately fixes the spots
where all three parts of the incident took
place. There is nothing in the crossexamination to shake the credit of these
witnesses on the question of time and
place of the incident. We, therefore,
concur with the opinion of the trial Court
that the time and place and the date of
incident as averred by the prosecution are
correct.

20.

The
medical
evidenced
corroborates the eye-witness account that
the assault on the deceased and the
injured was the result of user of axe by
the appellant. All the injuries on the five
deceased and the two injured persons are
incised wounds which can be attributed to
the axe wielded by the appellant. This
opinion is confirmed by the doctors who
stated that the injuries on the victims
could be caused by a sharp edged heavy
cutting weapon like a kulhari. Although
an argument was raised that there could
be little motive for the appellant to kill his
own wife and brother's wife and the
nephews. However, in reply it should be
pointed out that there could be no reason
whatsoever for the witnesses to falsely
implicate the appellant. More so, when
two of the witnesses are the real brothers,
viz. PW 2 Harnam Singh and PW 7
462 INDIAN LAW REPORTS ALLAHABAD SERIES [2005
Mahendra Singh, whilst PW 6 Smt. Dev
Kunwar and PW 8 Chanda are the sistersin-law of the appellant. PW 6 Smt. Dev
Kunwar is the wife of PW 8 Meharban
Singh and PW 8 Chanda is the wife of
Jarnel Singh, who are the real brothers of
the appellant. PW 3 Trilok Singh was the
cousin brother of the appellant and PW 5
Bal Kishan has been described to be an
absolutely independent witness. Nothing
has been brought out in the testimonies of
the witnesses as to why they would
depose incorrectly or falsely implicate the
appellant. There is, therefore, no reason to
disbelieve
the
testimony
of
these
witnesses.

21. We also find that inconsistent
pleas have been taken on behalf of the
appellant at different stages. At one point,
a plea has been taken that the deceased
was sleeping when he was assaulted and
he
had
become
unconscious
and,
therefore, he could not identify the
assailants who caused injuries to him and
PW 2 Harnam Singh. It was suggested
that the appellant had become insane but
this suggestion was denied. A plea was
also taken that the appellant did not
commit any assault which was denied by
the witnesses. The suggestion made to
PW 6 Dev Kunwar that the home persons
(Ghar Wale) assaulted the appellant, has
been denied and in any case this
suggestion is inconsistent with the pleas
of the appellant having been assaulted
when he was asleep. The learned Sessions
Judge has also rightly held that the charge
of attempt to commit suicide has also
been established against the appellant
because there is a clear eye-witness
account of PW 13 Sahdev Singh, I.O., and
PW 12, Keshav Prasad, who arrested the
appellant and recovered the axe. The trial
court
has
rightly
discounted
the
conflicting version of PW 16, Dr. N.N.
Saxena, who has admitted to both the
possibilities that the appellant's injuries
nos. 1 and 2 might have been inflicted but
the other injuries are not self-inflicted, by
holding that in such circumstances the
eye-witness account must be preferred to
medical evidence. There is also little
reason for concocting this version that the
appellant had inflicted injuries on himself.
Finally, the last contention of the learned
appellant that the incident was the result
of a temporary insanity of the applicant,
cannot be sustained as we find that
inconsistent pleas have been raised on
behalf of the appellant. The basis of this
argument was that no person in his right
mind could have caused the death of his
own wife, his three month old baby and
thereafter caused the deaths of his own
nephews and his elder brother's wives.
This plea was not raised in the beginning
and
the
procedure
prescribed
for
examining such a plea in Chapter XXV
CPC has not been adopted in this case.
Moreover, Bal Kishan and PW 6 Smt.
Dev Kunwar have specifically denied that
the appellant was insane although PW 7
Mahendra Singh, the injured brother of
the appellant has admitted in paragraph 3
of this cross-examination that about a year
prior to the incident the appellant had
become insane but that madness lasted
only for 24 hours. In this view of the
matter, the judgment of the trial court
convicting and sentencing the appellant as
above cannot be assailed, and it is
affirmed.

22. However, before parting with
this case, this court would like to point
out that the crime committed by the
accused appears to be more the result of
his misery and abject poverty, and he
appears to have committed the crime
2 All] Sobran Singh V. State

 463
because
of
deprivation
rather
than
because of any depravity on the part of
the appellant. In this connection the
statement of the injured brother of the
appellant, PW 7 Mahendra Singh may be
usefully perused. In this connection
paragraph 3 of his statement when
translated in English, read as follows:

"The accused used to bring wood
from the jungle and sell it and he also
used to work in a quarry. Those days his
economic condition was very bad. His
family would remain hungry for many
days. One year before the incident the
accused had become insane. For 24 hours,
he remained insane and ran away to the
jungle. Before and after that he did not
become insane."

23. From this statement, it appears
that on account of abject poverty and
starvation the appellant seems to have
simply lost his mental balance, when he
was castigated by his wife for stealing
wood from the jungle which he may have
been stealing for buying food for his
family. He may have treated his wife's
criticism as "the unkindest cut of all," and
retaliating to her words in a sudden fit of
uncontrollable anger he appears to have
committed the unfortunate series of
murders.

24. In view of this we direct that the
Principal Secretary (Home), and the
Director General of Police (Prisons),
Govt. of U.P. may consider in a
sympathetic manner the case of the
appellant for releasing him under the U.P.
Prisoners (Release on Probation) Act or
under paragraph 198 of the Jail Manual,
or other applicable provisions whenever
the
appellant
becomes
eligible
for
consideration of his case for premature
release or commutation of the sentence,
after he has undergone the requisite
period of imprisonment. The release of
the appellant should not be rejected
simply because the appellant has been
found guilty for the murders of five
persons including his wife, little child,
two nephews, his sister-in-law and for
causing injuries to his brother Mahendra
Singh and his brother-in-law Chhatrapal
Singh and thereafter to his own person.
The act of the accused appears to be the
act of a person who has lost his mental
balance as a result of extreme poverty and
hunger and in a certain sense the State
itself could be faulted for this situation,
because of its failure to fulfil its
obligation under Article 21 of the
Constitution of providing food and
livelihood to its poorest citizens.

25. The appeal is dismissed subject
to the observations aforesaid.

26. Sri Vinai Saran, amicus curiae,
shall be paid Rs. 1500/- only for the
assistance rendered by him to this Court
on behalf of the appellant.

27. The registry is directed to send a
copy of this order to the Principal
Secretary (Home), Lucknow, and the
D.G.P. (Prisons) U.P. for compliance and
necessary action at the appropriate time as
indicated above.
---------
464 INDIAN LAW REPORTS ALLAHABAD SERIES [2005
APPELLATE JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 4.5.2005

BEFORE
THE HON'BLE AJOY NATH RAY, C.J.
THE HON'BLE ASHOK BHUSHAN, J.

Special Appeal No. 557 of 2005

Ex.Sep.No.2974530
Rajendra
Prasad
Singh

...Appellant
Versus
Union of India and others ...Respondents

Counsel for the Appellant:
Sri B.N. Tiwari

Counsel for the Respondents:
Sri Rajesh Kumar Mishra
Addl. S.C.