SURJIT SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal, preferred under section 374 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against judgment and order dated 01.03.1997 passed by Sessions Judge, Nainital, in Sessions Trial No.4 of 1994, whereby the accused appellants Surjit Singh and Jeet Singh (both sons of Chanan Singh) have been convicted under section 148, 302 read with section 149 Indian Penal Code, 1860 (for short I.P.C.). Each of them has been sentenced to rigorous imprisonment for a period of two years under section 148 IPC, and imprisonment for life under section 302 read with section 149 IPC.

(2.) Heard learned counsel for the parties and perused the lower court record.

(3.) Prosecution story, in brief, is that on 24.08.1993, at about 01.45 p.m., PW-1 Amarjit Singh alongwith his brother Sarjit Singh (deceased) were doing hoeing of Soyabean crop in plot no.11 in village Kopa, Pipal Parao within the limits of police station Rudrapur, through the labourers engaged in the work. PW-2 Jagtar Singh and one Kulvindra Singh were also getting hoeing work done in the adjoining field. PW-3 Chander Singh, a driver of tractor, was also present there. Accused Surjit Singh armed with Sword, Jeet Singh armed with an axe and Amar Singh armed with a gun came there alongwith two others namely Satnam Singh and Puran Singh who were also armed with Patals (a heavy sharp edged weapon). The five accused caught hold of Sarjit Singh and took him towards nearby dam. The aforesaid witnesses followed them and asked them to leave Sarjit Singh but they threatened the witnesses. Near the dam, accused Surjit Singh, Jeet Singh, Satnam Singh and Puran Singh started assaulting Sarjit Singh on instigation of Amar Singh. Sarjit Singh died at the spot. On this PW-1 Amarjit Singh informed about the incident to Vijendra Singh Bisht who had allowed Sarjit Singh and Amarjit Singh to cultivate the field, and thereafter got scribed report (exhibit A-1) through one Harendra Pal and gave at police outpost Dineshpur of police station Rudrapur, at about 07.10 P.M., on the very day. On the basis of said report Crime No.923 of 1993 was registered against accused Surjit Singh, Jeet Singh, Satnam Singh, Puran Singh and Amar Singh relating to the offences punishable under sections 147, 148, 302/149 IPC. The investigation was taken up by PW-6 Station House Officer Om Prakash Singh who proceeded to the place of incident. Inquest report (exhibit A-9) was prepared on 25.08.1993 at about 08.10 A.M. after the dead body was taken into the possession by the police. Sketch of dead body (exhibit A-10), Police form No.13 (exhibit A-11) and letter to Chief Medical Officer (exhibit A-12) were also got prepared and dead body was sent in a sealed condition for postmortem examination. PW-4 Dr. Virnedra Kumar Dixit conducted the postmortem examination on the dead body of Sarjit Singh on 25.08.1993 at about 11.30 a.m. He recorded as many as 15 ante mortem injuries which included 10 incised wounds. The Medical Officer prepared autopsy report (exhibit A-2) and opined that the deceased had died due to shock and haemorrhage as a result of ante mortem injuries suffered by him. During the investigation, the Investigating Officer arrested accused Surjit singh and Amar Singh on 24.08.1993, and accused Jeet Singh on 26.08.1993, and recovered weapons used in the crime. After the interrogation of the witnesses and completion of investigation, the Investigating Officer submitted chargesheet (exhibit A-19) against three accused namely Surjit Singh, Jeet Singh (both sons of Chanan Singh) and Amar Singh S/o Kushal Singh for their trial in respect of the offences punishable under sections 148 and 302/149 IPC. The other two co- accused namely Satnam Singh and Puran Singh were reportedly absconded as such chargesheet could not be filed against them.