HARI SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The accused Hari Singh of village Suthari was running a brick kiln on the outskirts of the village. Subsequently, one Randhir Singh installed another brick kiln nearby. Hari Singh and his brothers, however, did not allow Randhir Singh to run his brick kiln effectively and ultimately Randhir Singh sold his brick kiln to Gulab Singh deceased some three months prior to the incident. About 15 days prior thereto, Hari Singh and his brother Mohar Singh clandestinely removed a large number of bricks from Gulab Singh's brick kiln and on being questioned by him they told him that they would not allow his kiln to run. On the night intervening 7th and 8th June, 1980 at about 1.00 a.m. Gulab Singh was asleep in the verandah of his house when Hari Singh armed with a lathi and Mohar Singh with a country made pistol entered the house and the latter fired a shot at Gulab Singh. On hearing the sound, Prem Pal PW-1, the son of the deceased and Kalu @ Anand Swarup PW-5, flashed a torch and also raised a cry attracting Jagdish PW-6 and one Mukhara to the spot. These witnesses also saw the accused running out of the verandah towards the lane carrying their weapons. Prem Pal then made his way to Police Station, Muradnagar at 5.40 a.m. and lodged the FIR at 5.45 a.m. A case under Section 302 was, accordingly, registered against the accused. Sub-Inspector Hari Raj Singh, the SHO of Police Station Muradnagar, along with a police force went to the scene of occurrence whereafter Sub-Inspector Pooran Singh recorded the inquest proceedings on the dead body. Sub-Inspector Hari Raj Singh, however, recorded the statements of the witnesses and after inspecting the site, prepared the site plan Ex. Ka.14. He also picked up a blood stained 'khes' and a bed sheet from the bed where Gulab Singh had been shot. The dead body was also dispatched for its post-mortem which was carried out by Dr. M.K.Goel at 4.30 p.m. on the 8th of June 1980 and the examination revealed an ante-mortem firearm wound of entry 3 cm x 2.5 cm on the lower part of the left side of the chest with blackening and tattooing around the wound. The doctor also removed 160 small pellets and three wads from the body. On the completion of the investigation, the accused were charged for an offence punishable under Section 302/34 of the IPC and as they pleaded not guilty, they were brought to trial.

(2.) The prosecution in support of its case relied primarily on the evidence of PW1 Prem Pal, PW-5 Kalu and PW-6 Jagdish, PW-2 Dr. M.K.Goel, who had conducted the autopsy on the dead body, and of PW-7 Sub-Inspector Hari Raj Singh, the main investigating officer. The accused when questioned under Section 313 of the Cr.P.C, denied the allegations levelled against them and pleaded that they had been implicated due to party faction in the village. They also examined Constable Satya Pal Singh as DW-1 who proved the report lodged by Randhir Singh on the 25th May 1980 at 1.30 p.m. at Police Station Muradnagar, against Gulab Singh and one Ramesh under Sections 504 and 506 of the IPC.

(3.) The trial court relying on the evidence of PW-1 and PW-5 convicted the accused for the offence punishable under Section 302/34 and sentenced them to imprisonment for life. An appeal was thereafter taken to the High Court. The High Court endorsed the testimony of PW's 1 and 5 as well as of Jagdish PW-6, the third eye witness, whose testimony had not been accepted by the trial court, and dismissed the appeal. The Court observed that though all the three eye witnesses had been subjected to a gruelling cross-examination they had withstood the same and not crumbled thereunder. The Court also found that the suggestion that the accused had been falsely roped in, was not acceptable for the simple reason that the FIR had been lodged within a short time in the facts and circumstances of the case. It was pointed out that the incident had happened at about 1.00 a.m. of the night intervening 7th and 8th of June 1980 and as per the statement of PW-1, the family members had been completely shattered by what had happened and that PW-1 had left for Police Station, Muradnagar 11 km. away on foot and lodged the report at 5.45 p.m. The Court, accordingly, observed that the very manner in which the FIR had been lodged spoke volumes about its authenticity. The Court also rejected the argument that as the special report had allegedly been delivered late, it appeared that the FIR had been ante-time, as being without substance. The appeal was, accordingly, dismissed. The present appeal was filed by the two accused. During the pendency of the appeal, however, Mohar Singh has passed away. The appeal of Mohar Singh is, accordingly, disposed off as having abated under Section 394 of the Cr.P.C. We are, accordingly, called upon to examine only the appeal pertaining to Hari Singh.