STATE OF UTTAR PRADESH Vs. ROOP SINGH

JUDGEMENT

(1.) This appeal by the State of Uttar Pradesh is directed against the order of acquittal passed by the High Court on 19th May, 1991, in reversal of the order of conviction recorded by the 1st Additional Sessions Judge, Farukhabad by which the respondents were convicted under Sections 302/149, I.P.C., and were sentenced to suffer imprisonment for life. They were also convicted under Section 147, I.P.C., and were ordered to suffer rigorous imprisonment for one year. Both the sentences were to run concurrently. Briefly stated the facts are these :

(2.) The defence version is that there was an altercation between Rambir Singh and Bhanwarpal around 10.00 a.m. at which the former was very angry. At about 12.30 p.m. Roop Singh and Bhanwarpal had gone to the village and feeling tired the latter sat in Gulu's 'Madhiya' to rest. While he was resting there he was surrounded by Rambir Singh, Kedar Singh, Gyan Singh, Babu Singh, and Deopal Singh and was stabbed to death. Because of the hue and cry raised by Bhanwarpal, since deceased, and Roop Singh, members of the public came there and attacked the assailants with lathis to rescue the victim. In the course of this attack lathi blows were sustained by the assailants resulting in loss of life. Thus, the respondents contend that the assault by the villagers was responsible for the death of Rambir Singh, Deopal Singh and Babu Singh whereas Bhanwarpal was killed by the last two. Find of knives from near the dead bodies of the said two persons in projected as corroborating the defence version. Bhanwarpal Singh had three incised and three penetrating stab wounds. Roop Singh lodged the F.I.R. at 1.40 p.m.

(3.) There is no dispute that the incident happened in which it all four lives were lost. The medical evidence shows that Rambir Singh, Deopal Singh and Babu Singh died on account of lathi blows received by them whereas Bhanwarpal died of stab wounds. The find of blood and knives establishes the place of the incident. Both sides had lodged complaints with the police, the respondent's side at about 1.40 p.m. and the prosecution side at about 1.50 p.m. There is, therefore, no dispute that all the four met with homicidal deaths.