STATE OF UTTAR PRADESH Vs. SUGHAR SINGH

JUDGEMENT

(1.) This appeal by special leave has been preferred by the State of Uttar Pradesh against the judgment and order of the Allahabad High Court dated October 31, 1973, in Confirmation Reference No. 25 of 1973 and Criminal Appeal No. 634 of 1973 and Criminal Appeal No. 634 of 1973, acquitting respondents 1 to 5 in respect of the offences said to have been committed by them under Ss. 147, 148, 379, 302 and 302 read with 149 of the I. P. C.

(2.) The prosecution case as revealed by the evidence led at the trial may briefly be stated as follows: The deceased Uma Shanker and his father Mannu Lal (P. W. 1) as also all the five respondent-accused have been the residents of village Karmer, P. S. Orai. The deceased Uma Shanker, his father Mannu Lal (P. W. 1) and respondent-accused Ram Gopal (original accused No. 3) used to practise the profession of Purohit in villages Karmer, Bamhori and surrounding villages. It appears that there was professional rivalry between Uma Shanker and Mannu Lal on the one hand and Ram Gopal (A-3) on the other and for quite some time prior to the incident in question which took place on July 5, 1971, the villagers of Karmer had stopped engaging the services of Ram Gopal (A-3) for Purohiti work and entrusted the same to deceased Uma Shanker and his father Mannu Lal (P. W. 1) and, therefore, Ram Gopal (A-3) started bearing grudge and ill-will towards Uma Shanker and Mannu Lal. It further apears that there were two parties in the neighbouring village Bamhori, one of Moti Lal and the other of Om Prakash, the respondents-accused belonging to the party of Motilal while the deceased Uma Shanker to the party of Om Prakash. It may be stated that respondents Sughar Singh (original accused No. 1) and Man Singh (original accused No. 4) are real brothers while respondents Swami Din (original accused No. 2) and Dashrath Singh (original accused No. 5) are real brothers and these four in between themselves are cousin brothers. According to theprosecution on account of the professional rivalry as well as party factions the relations between the deceased Uma Shanker and his father Mannu Lal (P. W. 1) on the one hand and the respondents-accused on the other had become inimical. It appears that prior to the occurrence on July 5, 1971, there were proceedings underS. 107, Criminal P. C. between the two parties of Motilal and Om Prakash and Ram Gopal (A-3) had on December 2, 1970 lodged a complaint under S. 352, I. P. C. against Mannu Lal and others. According to the prosecution because of these incidents and the long-standing enmity between deceased Uma Shanker and the respondent-accused, the former always apprehended danger to his life and hence he used to carry with him a rifle, for which he held a licence, and a belt of cartridges. The incident giving rise to the prosecution of the respondents-accused occurred on July 5, 1971 at about 2.30 p.m. in village Karmer. On that day deceased Uma Shanker and his father Mannu Lal (P. W. 1) had gone to one Jagdish Lohar for reciting Satya Narain Katha at his place. After the function of reciting the Katha at Jagdish Lohar"s place was over both were returning home; Uma Shanker, who was carrying a Jholi (cloth bag) containing Sankh (Conch), Jhalar, Danda, Idol of Thakurjee with Singhasan, Kathabook, Coconut, Prasad etc. and also a rifle belt of cartridges on his shoulder, was walking ahead while Mannu Lal was walking 7 or 8 paces behind him; while they were proceeding from North to South by a lane, at about 2.30 p.m. Uma Shanker, who was walking ahead, reached a spot near Matan-ki Mathia (a temple). At that time, according to the prosecution, all the respondents-accused were lying in ambush, and Man Singh (A-4) and Dashrath Singh (A-5) suddenly appeared on the road from the temple side and exhorted the other accused to kill Uma Shanker by shouting "brothers, the enemy has come, kill him". Whereupon Sughar Singh (A-1), Swami Din (A-2) and Ram Gopal (A-3) stepped forward, the former two having a gun each and the third one having a pistol. Sughar Singh emerged from the east and fired a shot from his gun, which hit Uma Shanker and immediately thereafter Swami Din as well as Ram Gopal, who had emerged from the West, fired a shot each from their respective weapons. All these shots struck Uma Shanker, as a result of which he fell down with bleeding injuries at that very place. According to the prosecution, this incident was seen by Ram Narain, Sohan Lal, Ganga Prasad, Munni Lal, Raghubar and Dhani Ram, apart from Mannu Lal (P. W. 1). All these persons challenged and questioned the respondents-accused as to what they had done but Sughar Singh, Swami Din and Ram Gopal (A-1, A-2 and A-3) aimed their weapons at these persons and threatened them that if any one came near he would be shot. After Uma Shanker fell down, Man Singh (A-4) removed the rifle of Uma Shanker from his shoulder, Dashrath Singh (A-5) snatched the belt of cartridges and thereafter all the accused ran away. As a result of the bleedings injuries, the clothes of Uma Shanker got stained with blood and the blood has also fallen on the ground. From the Baithak of Raghubar, which was nearby, a quilt was brought and Uma Shanker was kept on that quilt and with the help of witnesses. Mannu Lal (P. W. 1) carried Uma Shanker home on the quilt but on the way he breathed his last. The inmates of the house gathered as also several other persons from the village. Mannu Lal (P.W. 1) then went to Orai after walking a distance of about seven miles from his village Karmer. He first went to his son Lallu"s place and dictated the report of incident to Lallu and after going to the Orai Police Station he logged that written report (F. I. R. Exhibit Ka-1) at about 7.15 p.m. whereafter he returned to Karmer. An offence under S. 395/396, I. P. C. was registered and the requisite investigation was undertaken by Inspector, Beni Ram Govil, Incharge of Kotwali Orai, who visited village Karmer in the night. He prepared inquest Panchanama of dead-body (Exh. Ka-24) and arranged to send the dead-body to the headquarters for the postmortem examination. Several Katha articles as well as the clothes of Uma Shanker were taken charge of and statements of Mannu Lal (P. W. 1) and other witnesses like Munni Lal (P. W. 6), Ganga Prasad (P. W. 9), Rameshwar (P. W. 12), Raghubar (P. W. 13) and Dhani Ram (P. W. 14) were recorded and a Panchanama of the scene of offence were also made and blood-stained earth was taken charge of. Doctor S. D. S. Chauhan, Medical Officer Incharge of Sadar Hospital, Orai, performed the postmortem on the dead-body of Uma Shanker during the course of which he noticed as many as 13 injuries (some entry wounds and some exit wounds), all ante mortem and having been received by fire arm. He also recovered three pieces of wad from the right arm and three pieces of metal from the right hip bone. In his opinion the death was due to shock and haemorrhage resulting from the above injuries. After receiving the Chemical Analyser"s report and the report of the Serologist and after completing the investigation, Inspector Beni Ram submitted a charge-sheet against the accused on 24-7-1971. After holding inquiry, Shri R. P. Singh, A. D. M. (J) committed the respondents-accused to the Court of Session on 15-12-1971 to stand their trial for offences under Sections 147, 148, 302 read with 149 and 379, I. P. C.

(3.) To the charges that were framed against them in the Sessions Court, all the accused pleaded innocence and contended that they had been falsely implicated in the case on account of enmity. In particular, Sughar Singh (A-1) put forward a plea of alibi. According to him, on the day of occurrence he was not in the village but had gone to Allahabad in connection with the filing of a writ petition of his uncle Jamuna Dass with regard to the suspension of latter"s gun licence and had himself sworn an affidavit before the Oath Commissioner at about 7.30 p.m. in the evening on that day in support of the writ petition.