VIKRAM SINGH Vs. RAJ SINGH

JUDGEMENT

(1.) Seven persons were done to death during the night intervening between 19th and 20.02.1981 in the house of Bramha Pal Singh (P.W.4) and also caused assault on Km. Mukesh (P.W.3). These deceased persons belonged to the family of Bramha Pal Singh (P.W.4). The appellant/complainant - Vikram Singh (P.W.1), who is the brother of Bramha Pal Singh (P.W.4) lodged the FIR at Nowana Police Station on 20.2.1981 at about 8.30 a.m. against Samai Pal Singh (A-1), Raj Singh (A-2), Rampal Singh (A-3) and two unidentified persons in respect of this crime. These four accused persons were tried for offences punishable under Ss. 302/34 and 307/34 of the Indian Penal Code. The trial court found them guilty on both counts and awarded death sentence to A-1 to A-4 for an offence punishable u/s. 302/34 of the Indian Penal Code and for an offence causing injuries to Km. Mukesh (P.W.3), each of the accused was sentenced to suffer RI for ten years. The trial court then made a Reference to the High Court u/s. 366 of the Code of Criminal Procedure. The condemned prisoners also filed the appeals to the High Court against the judgment and order of the trial court challenging their convictions and sentences. The Reference and the appeals were heard together and the High Court by its judgment and order dated 26.05.1983 accepted the Reference in respect of Samai Pal Singh (A-1) and dismissed his criminal appeal but however, rejected the Reference in respect of Raj Singh (A-2), Rampal Singh (A-3) and Lal Singh (A-4). The High Court allowed the criminal appeals of A-2, A-3 and A-4 and acquitted them of all the charges. We are told that the appeal filed by Samai Pal Singh (A-1) to this Court was dismissed and consequently the death sentence awarded to him was executed. The appellant/complainant has filed these criminal appeals against Raj Singh (A-2), Rampal Singh (A-3) and Lal Singh (A-4) who are respondent Nos.1 to 3 in these appeals. The respondent No.4 is the State of U.P. During the pendency of these appeals Rampal Singh (A-3) was reported to be dead hence the appeal abated against him. The net result, therefore, is that these appeals survive only against respondent Nos.1 and 3 who were accused Nos.2 and 4 before the trial court.

(2.) Bramha Pal Singh (P.W.4) had two wives. Samai Pal Singh (A-1) was born from his first wife and from second wife he got four sons and three daughters. Samai Pal Singh (A-1) was insisting that he should be given 1/2 share in the property, however, Bramha Pal Singh (P.W.4) gave him as his share 7-1/2 bighas of agricultural land and 1/3rd share in his residential house. Samai Pal Singh (A-1) was not at all satisfied with this partition and according to the prosecution there used to be quarrels between him and Bramha Pal Singh (P.W.4) and his other family members.

(3.) Bramha Pal Singh (P.W.4) and his brother Vikram Singh (P.W.1) at the time of occurrence had grown sugarcane crop in their agricultural lands and on 19.2.1981 these two brothers had decided to sell the same to the Mawana sugar mill. Accordingly, they loaded the sugarcane in their Buggies and decided to start early in the morning on the next day. Accordingly Vikram Singh (P.W.1) and Kirat Pal Singh came to the house of Bramha Pal Singh (P.W.4) at about 3.30 or 4.00 a.m. when they heard the shrieks coming from inside the house of Bramha Pal Singh (P.W.4). They raised an alarm which attracted Bhanwar Singh, Babu Ram (P.W.2) and Om Pal. All these persons came near the house of Bramha Pal Singh (P.W.4) and raised the alarm. The miscreants who were inside the house came out and started running away when they came to be identified. Samai Pal Singh (A-1) had a Tahalandatorch, Raj Singh (A-2) had a Pharsa, Ram Pal Singh (A-3) had a Balkati. The 4th accused could not be identified. All the miscreants then fled away. Vikram Singh, Babu Ram and others who had gathered there then entered into the house of Bramha Pal Singh (P.W.4) and noticed that five children of Bramha Pal Singh (P.W.4) were done to death. Smt. Sukhbiri, the wife of Bramha Pal Singh and Smt. Seeso, the sister of Bramha Pal Singh (P.W.4) were also killed. Km. Mukesh (P.W.3), the daughter of Bramha Pal Singh (P.W.4) who had sustained incised injuries was found under the cot. She told the details about the incident Vikram Singh (P.W.1) after seeing the ghastly murders of seven persons lodged the complaint at Nowana Police Station on 20.2.1981 at about 8.30 a.m. against Samai Pal Singh (A-1), Raj Singh (A-2) and Rampal Singh (A-3) but however, could not name the other two accused persons who had fled away. After recording the FIR, SI Suraj Singh (P.W.7) reached the place of occurrence and commenced the investigation. After completing the investigation a charge-sheet came to be filed against the four accused persons for the offences punishable under Ss. 302/34 and 307/34 of the Indian Penal Code for committing the murders of seven persons and attempt to commit the murder of Km. Mukesh (P.W.3).