STATE Vs. UMED SINGH

JUDGEMENT

(1.) This is a state appeal, by leave granted by this Court, directed against a judgment and order of the learned Additional Sessions Judge, Delhi. By the said impugned judgment, one accused Raj Singh, was convicted of the charge under Sections 302/307/34 IPC. His co-accused Brahm Singh, Umed Singh and Randhir Singh, the Respondents in the present appeal, were however, acquitted. Raj Singh had appealed against his conviction. The said appeal was disposed of as having abated, due to death of the said Appellant.

(2.) The case of the prosecution as alleged was that the complainant Kapur Singh resided at village Issa Pur, with his father Chander Bhan and his three sons and one daughter. The accused, Raj Singh and his brothers, i.e. Respondents Brahm Singh and Umed Singh were also residents of the same village. Respondent Randhir Singh was also resident of the village. According to the prosecution, Kapur Singh had previous enmity with accused Raj Singh, Umed Singh and Brahm Singh over a thoroughfare since 1988; civil litigation was pending between the parties. It is alleged that Randhir Singh too nursed a grudge against Kapur Singh and his family members, from the time he (Kapur Singh) purchased a piece of land of 200 Sq. yds. from Randhir Singh's close relative, as the land was situated near his ancestral land. Kapur Singh's Gher was at a distance of about 150 yds from his house. On the night intervening 26/27.06.1992 deceased Chander Bhan and PW-6 Sandeep Kumar, (father and son of complainant Kapur Singh) were sleeping in the Gher on separate cots. Sandeep Kumar's sleep was disturbed, when he heard commotion near his cot. Upon waking up, he allegedly found that all four accused were standing near their cots. When Sandeep Kumar tried to get up, he was caught hold of by Brahm Singh and Umed Singh. On hearing the noise, Chander Bhan, Kapur Singh's father also woke up. Immediately, Raj Singh had fired at him from his country made pistol. Chander Bhan was hit on the chest, as a result of which he started to bleed profusely; he also fell down from the cot. When Sandeep Kumar tried to run away from extricating himself from the clutches of accused Brahm Singh and Umed Singh, Randhir Singh allegedly exhorted accused Raj Singh to fire at him (Sandeep Kumar) by saying "Mar Goli Raj phir kya Le Gaa, Ise Goli Mar". Upon this exhortation, Raj Singh fired at Sandeep Kumar and hit him on the back of the head. As a result, Sandeep fell down due to dizziness.

(3.) The prosecution further alleged that on hearing the noise, Sher Singh, (Sandeep Kumar's brother) reached the spot and on seeing him, all the four accused fled. On seeing his grandfather dead, Sher Singh started crying; this attracted the attention of the complainant Kapur Singh, who had reached the spot, from his house. He found his father dead and his son Sandeep Kumar in unconscious state. He informed the Police Control Room about the incident. With the help of Jagdish, he had shifted his injured son Sandeep Kumar in a Maruti Car to DDU Hospital but since the doctor there did not admit Sandeep Kumar seeing his critical condition, Kapur Singh rushed him to Safdarjung Hospital and got admitted him there about 5.15 AM. On the way, Sandeep Kumar had narrated the whole incident to his father Kapur Singh and his brother Sher Singh.