RAM PAL Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal by special leave arises out of the following facts.

(2.) ONE Lal Singh had three sons, Hari Singh, jaswant Singh and Birbal Singh. Brij Pal singh PW 1, Ved Pal and Gajender Singh are the sons of Birbal Singh whereas Suraj Brian, netar Pal and Satbir Singh are the sons of jaswant Singh and Ram Pal and Ram Saran, the accused are the sons of Hari Singh. Hari singh predeceased his father Lal Singh whereafter the joint land holding was partitioned by Lal Singh between his sons jaswant Singh and Birbal Singh and the sons of Hari Singh deceased in equal shares retaining 18 bighas for himself. About 2-3 years prior to the incident Ram Pal Singh staked a claim that the tube well on the land was his exclusive property on the plea that the electricity connection was in his father's name. Several civil and criminal litigations followed on account of this dispute and certain other matters with the result that the relations between the accused and Birbal singh degenerated to an all time low and about two days prior to the occurrence, an altercation had taken place between Birbal singh and his son Brij Pal Singh on the one side and the accused on the other, relating to the use of the tubewell water. At about 8. 30 a. m. on 20th June 1991, Birbal Singh accompanied by his brother Jaswant Singh and his son Brij Pal Singh left the village to go to Muzaffarriagar for purchase of household articles when they were accosted by the two accused, Ram Pal carrying his licensed dbbl. 12 bore shotgun, and Ram Saran armed with a country made pistol and the accused fired a shot each in quick succession hitting Birbal Singh killing him instantaneously jaswant Singh and Brij Pal Singh saved themselves by lying prone on the ground. The incident was also witnessed by several other persons who were passing by amongst them being Harvir Singh PW 2, Tejvir Singh PW 3, amar Singh and Matroo Singh and on their challenge the assailants ran away. Brij Pal singh PW 1 thereafter rushed to the village, wrote out a report and then went to police station Tetawi six kilometers away from the place of incident in a tractor and handed over the written complaint at 10. 30 a. m. leading to the registration of the FIR. SHO Brij Mohan mishra accompanied by SI Rajinder Singh then reached the place of occurrence whereafter the SI recorded the inquest proceedings relating to the murder. He also picked up a spent cartridge case and wads of a shotgun cartridge and dispatched the dead body for the post-mortem examination. He also conducted a search of the house of ram Pal and Ram Saran on 21 st June, 1981 and recovered a DBBL gun and 10 live cartridges licensed to the former therefrom. The weapon and the cartridge case were sent to the Forensic Laboratory and its report revealed that the cartridge had been fired from the right barrel of the gun in question. On the completion of investigation, the accused were charged for offences punishable under Sections 302/149 IPC and they pleaded not guilty and claimed trial.

(3.) THE State thereafter preferred an appeal before the Allahabad High Court. The Division bench Court reversed the findings and convicted the accused under Sections 302/ 34 IPC and sentenced each of them to imprisonment for life. It is in these circumstances that the present appeal is before us by way of special leave.