LAWS(SC)-2004-9-101

RAM KISHAN Vs. STATE OF UTTAR PRADESH

Decided On September 10, 2004
RAM KISHAN Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) These five appellants were found guilty of murder by the District and Sessions Judge, Varanasi, for having caused the death of one Shiv Shankar Singh. They preferred an appeal before the High Court of Allahabad. The appeal was dismissed and the conviction of the appellants under Section 302 read with Section 149 and under Section 323 read with Section 149 IPC was confirmed. The findings of the High Court are challenged before us.

(2.) Deceased Shiv Shankar Singh was a resident of Phoolpur village in the Varanasi district. On 11.10.1979, there was a Bharat Milap 'mela' at Mangari Bazar. Deceased Shiv Shankar Singh had gone to witness the said 'mela'. There, he met PW-1 Moti Chand. Moti Chand and Shiv Shankar Singh spent some time at the venue of the 'mela' and during night they came to the house of the father-in-law of deceased Shiv Shankar Singh, which was very close to Mangari Bazar. On the next day. i.e. 12.10.1979, at about 8.00 A.M. both Moti Chand and Shiv Shankar Singh left the house on a motorcycle. Moti Chand was driving the motorcycle while deceased Shiv Shankar Singh pillion-riding the same. When they reached near the pumping house of one Bhaggan Singh alias Vibhuti Narain Singh, the appellant Bansh Narain Singh came all of a sudden and intercepted the motorcycle. Bansh Narain Singh shouted that Shiv Shankar Singh shall not be spared. The other appellants, who were hiding in the nearby 'Arhar' field armed with 'Lathis' fitted with iron rings, came out and assaulted Moti Chand who fell on the ground. Then they started assaulting Shiv Shankar Singh with 'Lathis'. Shiv Shankar Singh sustained various injuries and died on the spot. Hearing the alarm raised by the injured, the other witnesses came there and the appellants fled the place immediately.

(3.) Injured Moti Chand proceeded to the nearby Phoolpur Police Station and gave the F.I. statement at about 9.45 A.M. on 12.10.1979. Moti Chand was sent for medical examination by the S.H.O., who then immediately proceeded to the scene of occurrence. He recorded the statements of Moti Chand and other witnesses, namely, Jagdish, Satya Rama Shankar Singh and Matter alias Raj Narain and Ram Murat. He held an inquest over the dead body and also prepared a scene 'mahzar' and took custody of the motorcycle. Later, the dead body was sent for post mortem. On 15.10.1979, the Investigating Officer arrested the appellants and filed the final report.