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.P.C. and sentencing him for life imprisonment and further convicting under Section 307 I.P.C., 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 year's rigorous imprisonment.

(2.) PROSECUTION case against the appellant is that the appellant was posted as Jail warden 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. 1) 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 F.I.R. with aforesaid Police Station on the same day i.e. 01 -02 -1989 at about 9:25 p.m. Head Constabie 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 -l0). 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 Primary Health Centre, Sitarganj, Dr. P.C. Pande (P.W.l), Medical Health Officer on the same day i.e. 01 -02 -1989 at about 10:20 p.m. and 10:40 p.m. examined the injuries of Shri Rajendra Singh and Shri Amar Singh respectively. Following injuries were found at the time of medical examination on the person of Shri Rajendra Singh : - 1. 5cm x 5cm x lcm bone deep incised wound in A.P. direction over left side of head about 5cm antero -superior to upper border of left external ear. One piece of scalp was seen in between the wound margin. Fresh bleeding was seen from the wound. The wound was spindle shaped and with clean cut margin. 2. 7cm x 1.5cm x 0.5.Scm spindle shaped incised wound with clean cut margin over the dorsal surface of left hand between the metacarpal bones of left hand thumb and index finger. Fresh bleeding from the wound.