MAHTAB SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The judgment of acquittal passed by the IVth Additional Sessions Judge, Farrukhabad on December 20, 2000 in Session Trial Nos. 48/91 and 49/91 came to be overturned by the Division Bench of High Court of Judicature at Allahabad vide its judgment and order dated May 27, 2005. High Court found both accused guilty of the offence punishable under Section 302 read with 34, I.P.C. and sentenced them to life imprisonment. Accused Mahtab Singh was found guilty of an offence under Section 4/25, Arms Act, 1959 as well and sentenced to six months' rigorous imprisonment on this count. Aggrieved, the accused are in appeal by special leave.

(2.) Briefly put, the prosecution case is : Ganga Singh (deceased) and his brother Vinod (PW 1) owned a small Flour Mill at village Kampil. On September 28, 1990 at 9.00 p.m., while returning from the betel shop of Rajveer after purchasing bidi, a few steps away, at Tirana (junction of three roads), Mahtab Singh (A-1) and Jaipal (A-2) - father and son - met him. Ganga Singh demanded money due from Mahtab Singh. Mahtab Singh, however, rebuked him. Ganga Singh asked Mahtab Singh as to why he was rebuking when money was due and payable by him. Hearing this, Mahtab Singh asked his son Jaipal to catch and kill Ganga Singh. Jaipal caught hold of Ganga Singh; Mahtab Singh gave a knife blow to Ganga Singh due to which Ganga Singh fell down. Vinod (PW-1) and Ratiram (PW-2) who were sitting under the thatched roof near Flour Mill and one Asarfilal rushed towards the spot. On seeing them, Mahtab Singh and Jaipal ran away. Ganga Singh was sent to Primary Health Centre at Kayamganj with Asarfilal, Balbir, Shyam Singh and other family members, Vinod got the report written from one Charan Singh and went to Kampil police station. Based on that, First Information Report was registered under Section 307, IPC. Dr. G.K. Singh (PW-5), Medical Superintendent, Primary Health Centre, Kayamganj sent an intimation at about 10.30 p.m. to the police station, Kampil about the death of Ganga Singh. The case was, thus, converted to Section 302, I.P.C.

(3.) Singh Rampati Ram (PW-6), Sub-Inspector, Kampil police station started investigation on September 29, 1990. He prepared the sketch map and also took one lantern in his possession. The challan of dead body was prepared and photo of dead body was also taken. The autopsy of dead body was conducted by Dr. Manohar Singhal, (PW-4). On September 29, 1990, at about 4.00 p.m., A-1 was arrested. On his disclosure statement, blood-stained knife, shirt and bandi are said to have been recovered from his house. Then, another case under Section 4/25 of the Arms Act, 1959 was registered against A-1. The investigation of the case under Section 4/25 of the Arms Act was done by Sub-Inspector B.D. Chaudhary (PW-8). A-2 was also arrested on October 6, 1990.