STATE OF UTTAR PRADESH Vs. SURESH ALIAS CHHAVAN

JUDGEMENT

(1.) This appeal by special leave is by the State of Uttar Pradesh against the acquittal of the respondents-accused, Suresh alias Chhavan s/o Kalyan Singh (hereinafter referred to as Suresh) and Ram Kishan and Bhajorey sons of Madho Singh, all residents of Miholi village situate within the limits of Auraiya Police Station in Etawah district. Suresh is said to be the first cousin of Ram Kishan and Bhajorey, who are brothers. The learned Sessions Judge, Etawah, who tried these three accused in Sessions Trial No. 140A of 1974, convicted all of them u/s. 302 r/w S. 34, I. P. C. for the murder of Virendra Singh, the husband of Kanti Devi, PW 1 and sentenced Suresh to death and Ram Kishan and Bhajorey to imprisonment for life. The usual reference for confirmation of the sentence of death by the High Court was made by the learned Sessions Judge. All the three accused filed Criminal Appeal No. 2508 of 1974 against their conviction by the Sessions Judge and the sentences awarded to them.

(2.) The case of the prosecution was this:There was enmity between the throe accused, Suresh Ram Kishan and Bhajorey on the one hand and the deceased victim Virendra Singh on the other. There were a number of criminal cages between the accused and Virendra Singh. In the last of those cases, Virendra Singh was convicted by the Trial court for the murder of one Ram Swarup, the brother of Ram Kishan and Bhajorey; but on appeal Virendra Singh was acquitted by the High Court on 11-12-1972 (vide judgment Ext. Ka-24). Shital, the brother of Suresh was the prosecution witness in that case against Virenda Singh. Virendra Singh figured as a prosecution witness in the case in which accused Ram Kishan was prosecuted for the murder of his wife. The occurrence in the present case is stated to have taken place in this background.

(3.) On 7-2-1974 Virendra Singh had gone to the Panchayat Bhavan, Miholi for having darshan of Jaini Baba, who appears to have come there with certain Jain pilgrims. Virendra Singh's wife, PW 1, went to that place for having darshan of the Jain pilgrims and also for calling her husband for taking his meals. Virendra Singh was standing at that time on the chabutra of the Panchayat Bhavan. Then Suresh armed with a double barrel gun and Ram Kishan and Bhajorey armed with a Dharia and a Kanta respectively came there at about 6 p.m. Suresh proclaimed that "the enemy is standing alone, kill him" and fired at Virendra Singh with his gun on the back side (arm side). When Virendra Singh turned, Suresh fired a second shot at him and struck him on the front side of the abdomen. Virendra Singh fell down on the chabutra. Thereafter Ram Kishan and Bhajorey attacked Virendra Singh with their respective weapons. Virendra Singh and PW 1 raised alarm, and Chottey Lalla alias Avinash Kumar (PW 5) and Gorey Lal (PW 6) and Ram Sandhani came there and saw the incident. All the three accused ran away towards the south. The injured Virendra Singh was taken by the villagers accompanied by PW 1 to the Government Hospital, Auraiya, situated five miles away at about 8.45 p. m.