STATE OF U.P. Vs. IQBAL SINGH

JUDGEMENT

(1.) THIS Government appeal has been preferred by the State against the judgment and order dated 29.08.1991 passed by the Ist Additional Sessions Judge, Nainital in Sessions Trial No. 182 of 1989 whereby accused -respondents Iqbal Singh, Guru Bachan Singh and Sukhbinder Pal Singh alias Sukhpal Singh have been acquitted of the charges under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short I.P.C.).

(2.) THE facts, in brief, are that on 04.05.1988 at about 8:00 p.m. Baldev Singh alongwith his brother Balbir Singh and Gurudev Singh had gone to Sanjay Nagar Market for making some purchases. Meanwhile accused Iqbal Singh armed with pistol, Guru Bachan Singh and Sukhbinder Pal Singh alias Sukhpal Singh (hereinafter referred to as Sukhpal Singh) armed with double barrel gun came and started abusing Baldev Singh. The accused also stated that why he was not allowing them to draw water from Kulaba. Baldev Singh objected and asked them to behave themselves. Meanwhile Malook Singh also reached the spot and tried to pacify them. Accused Iqbal Singh exhorted that Baldev Singh be not spared. On saying this all the three accused fired upon Baldev Singh from their respective weapons. On receiving the gunshot injuries Baldev Singh fell down and the accused ran away towards F.C.I. The motive for causing the death of Baldev Singh (deceased) is stated to be that at about ten days prior to the occurrence accused Guru Bachan Singh wanted to draw water from the Kulaba for their maize field but Baldev Singh (deceased) did not allow him to draw water and therefore, there was some altercation between both of them. In the evening on the date of occurrence also altercation took place on this account. The matter was reported in the police station by Balbir Singh by submitting an application (Ex. Ka -1) on the basis of which chick F.I.R. (Ex. Ka -16) was recorded at 8:50 p.m.

(3.) ON completion of the investigation, the challan was presented and accused -Iqbal Singh, Gurubachan Singh and Sukhpal Singh were charge sheeted under Section 302 read with Section 34 of the I.P.C. to which they pleaded not guilty and claimed trial.