HARPAL SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS Criminal Appeal, filed under Sec­tion 374(2) of Code of Criminal Proce­dure, 1973, is directed against the judg­ment and order dated 27.11.1990 passed by learned Sessions Judge, Nainital in the Sessions Trial No. 202 of 1989, convicting the appellant under Section 302 I.PC. and sentencing him for life imprisonment and further con­victing under Section 307 I.PC. and sentencing him there under for seven years rigorous imprisonment and a fine of Rs. 1,000/- in default of payment of which further to undergo one years's rigorous imprisonment.

(2.) PROSECUTION case against the ap­pellant is that the appellant was posted as Jail warder in Sampurnanand Camp Jail, Sitarganj, and Rajendra Singh (de­ceased) and Amar Singh (injured) were also posted as tractor operator and tractor driver respectively, in said camp Jail. They all were residing in the quar­ters meant for jail employees in closed vicinity. On 1st of February, 1989 at about 7:00 p.m. there was some alter­cation and quarrel between the de­ceased and the appellant but with in­tervention of Shri Kalu Ram (P.W. 2) and Shri Surendra Singh and others, the matter got subsided for the time being. However, on the same day at about 8:30 p.m., appellant armed with an axe went towards the quarter of the deceased (Shri Rajendra Singh) who was not present there. At that point of time only his minor children, including daughter Km. Poonam Devi (P.W. 4) were there. On this, appellant while asking where abouts of Rajendra Singh (deceased) threatened that he would kill him. After searching the deceased under the cot, inside his quarter and not finding there, wielding the axe ap­pellant went towards the near by tem­ple. Ms. Poonam (P W. 4) and her brothers got scared and cried. Thereaf­ter the appellant attacked Rajendra Singh (deceased) with an axe (Exh. I) causing him head injury and also at­tacked Amar Singh (P.W. 3) who came to save Rajendra Singh. However, Rajendra Singh could snatch the axe from the appellant. At the time of the incident, there was light of electric rod and bulb in the temple. Shri Kalu Ram (P.W. 2) also witnessed the entire occur­rence as he was following the appellant (Har Pal Singh) when he saw him go­ing towards the temple wielding the axe. The appellant ran away from the scene soon after the aforesaid occur­rence. The injured. Amar Singh and Rajendra Singh (deceased) were taken in the ambulance of Jail to Police Sta­tion, Sitarganj by Kalu Ram (P.W. 2) and others. Kalu Ram (P.W. 2) got First Information Report (Exh. A-3), scribed by one Shri Surendra Singh and lodged an FI.R. with aforesaid Police Station on the same day i.e. 1.2.1989 at about 9:25 p.m. Head Constable Shri Shishupal Singh (P.W. 8) prepared the check report (Exh. A-9) on the basis of written report (Exh. A-3) and made an entry of the case at serial no. 34 of the General Diary (extract Exh. A-10). From the Police Station, Shri Rajendra Singh (deceased) and Shri Amar Singh (injured) were taken to Sitarganj Pri­mary Health Centre for treatment.

(3.) IN the opinion of the Medical Of­ficer both the injuries were caused by sharp cutting object. Injury no. 1 was kept under observation for which X-ray and surgeon opinion was advised. In jury no. 2 was simple. The Medica Officer referred the patient to upgradec Primary Health Centre, Khatima. The aforesaid medical examination report was proved by the Medical Officer, z copy of which is Exh. A-1 of the record. On the person of Shri Amar Singh, fol­lowing injuries were found at the time of medical examination