JAUHAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment and order dated 2.4.1985, passed by the Additional Sessions Judge, Saharanpur in Sessions Trial No. 31 of 1984, whereby the accused/appellant no. 1 Jauhar Singh has been convicted under Section 302 IPC and the accused appellant no. 2 Raghubir and accused appellant no. 3 Om Pal have been convicted for the offence under Section 302 read with Section 34 IPC and each one of the convicts appellants has been sentenced to undergo imprisonment for life.

(2.) Having received this criminal appeal after transfer from the High Court of Judicature at Allahaband, this Court on 23.7.2019 directed to issue notices to the appellants through the Chief Judicial Magistrate, Haridwar. Mr. Aditya Singh and Mr. Pranav Singh, Advocate, have filed Vakalatnama for appellants no. 1 and 3. It has been reported by the CJM, Haridwar that appellant no. 2 Raghubir has died. Hence, appeal in respect of appellant no. 2 stands abated.

(3.) Facts, in brief, are that appellant no. 2 is father of other two appellants. Deceased Samay Singh is the real brother of appellant no. 2. Complainant Vedpal is the nephew of the deceased and cousin brother of appellants no. 1 and 3. At 11.30 AM on 12.10.1983, informant Vedpal lodged an FIR, wherein he stated that his grandfather Genda Singh had 90 bighas land. Out of 90 bighas land, Genda Singh sold 30 bighas land to Jaipal Singh (son of Genda Singh and father of Vedpal) and another 30 bighas land to his another son Samay Singh (deceased). Samay Singh (deceased) transferred his share of 30 bighas land in favour of the Birbal and Bijendra (real younger brothers of the informant) by executing a Will. Thus 30 bighas land remained with Genda Singh. After death of Genda Singh, all his three sons inherited 10 bighas land each. After death of Jaipal Singh (father of informant), Samay Singh (deceased) married Chawli Devi (informant's mother) under Karao customs and ceremonies. Samay Singh wanted to transfer this 10 bighas land in favour of Chawli Devi. Because of all this, appellants nurtured enmity with the deceased and they threatened to kill Samay Singh. Today (12.10.1983) at about 10 AM, Raghubir Singh armed with lathi, his two sons Jauhar Singh armed with gupti (sharp edged weapon) and Ompal Singh armed with the revolver entered in the Gher where Samay Singh was lying on the cot. Raghubir Singh caught hold of Samay Singh and Jauhar Singh started assaulting Samay Singh with the gupti, while Ompal Singh armed with the revolver remained stood there. On hearing the noise of Samay Singh, informant's mother Chawli Devi, his sister Naurati and his brother Birbal came at the spot and tried to rescue Samay Singh. On this, Ompal Singh took out his revolver and asked them to stay away, else they would also be killed. On the alarm being raised by informant's mother, sister and brother, two villagers, namely, Chandra and Jagdev, came at the spot and they saw the incident and challenged the appellants. Thereafter the appellants ran away from the spot.