RAM SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The three appellants Ram Singh, Ranvir Singh and Ratibhan Singh were tried along with eight others for the offences punishable under Sections 147, 302 read 149, 324 read with 149 and 323 read with 149, IPC. Ram Sigh was also charged for the offence punishable under Sections 148 and 302, IPC. The trial Court acquitted all the accused. But the High Court on appeal by the State convicted Ram Singh under Section 302, Ratibhan Singh under Section 323, IPC and Ranvir Singh under Section 324, IPC. They have therefore, filed this appeal challenging their conviction and sentence.

(2.) The prosecution case was that on 16-10-72 at about 6.00 p.m., Parbal Kumar and Arun Kumar, both nephews of the complainant - Ravendrabhan Singh, had objected to selling of liquor by accused Rameshwar Dayal. All the accused, therefore, went to the complainant's house on 17-10-72 at about 7.00 a.m. Accused Ravendrabhan Singh had carried a single barrel gun and other had lathis with them. First they threw some bricks towards the house of the complainant. So Vedwati, mother of Parbal Kumar, opened the door and told the accused that Parbal Kumar was not in the house and that if they wanted to kill anyone, they might kill her. Accused Rati Bhan Singh went near her and gave a stick blow. Seeing that assault on his brother's wife, Ravinder Bhan Singh rushed to that place from the 'Chakki', which was nearby and tried to persuade the accused not to beat her. At that time, Ratibhan Singh gave a stick blow to him also. Anil Kumar, another son of Vedwati also rushed to that place to save his mother. He was also given a stick blow by Ratibhan Singh. At that time, Vedwati told Ratibhan Singh that he should really feel ashamed for beating the children. Accused Ram Singh thereupon told others to get aside and said that he would finish the whole matter and then fired a shot which hit Vedwati on her abdomen. Ram Singh fired two more shots. One of them hit Rakesh Kumar. Appellant Ranbir Singh then threw a hand grenade but it slipped from his hand and accidentally fell near the hedge in front of the house of Bhagat Singh. It at once exploded and caused injuries to some of the accused and some other persons of the village including Netrapal Singh P.W. 2, who had collected near that place by that time.

(3.) In order to prove its case, the prosecution had examined P.W. 1 Ravinderbhan Singh, P.W. 2 Netrapal Singh, P.W. 3 Anil Kumar and P.W. 4 Ranbir Singh. Except that P.W. 4 Ranbir Singh did not give names of some of the accused and was for that reason declared hostile, he supported the prosecution. The trial Court, was of the view that the witnesses had not given correct genesis of the incident and giving benefit of doubt acquitted the accused.