JAI SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 30-7-1980 passed by Sri M. N. Kulshrestha, the then Vth Addl. Sessions Judge, Budaun in Sessions Trial No. 316 of 1979. The accused-appellants are 1. Jai Singh, 2. Atar Singh ,3. Lal Singh, 4. Mohar Singh, 5, Beer Singh, 6. Ramesh, and 7. Baburam. Each of them has been convicted and sentenced to life imprisonment under S. 302, I.P.C. read with S. 149, I.P.C., three months' rigorous imprisonment under S. 323, I.P.C. read with S. 149, I.P.C., six months' rigorous imprisonment under S. 324, I.P.C. read with S. 149, I.P.C. and two years' rigorous imprisonment under S. 452, I.P.C. Accused-appellants-Jai Singh, Atar Singh, Mohar Singh, Beer Singh and Baburam have further been convicted under S. 147, I.P.C. and each of them has been sentenced to nine months' rigorous imprisonment. The remaining two accused-appellants-Ramesh and Lal Singh have been further convicted under S. 148, I.P.C. and each of them has been sentenced to one year's rigorous imprisonment. All the substantive sentences have been ordered to run concurrently.

(2.) One Ram Murti lost his life in the incident whereas three others, namely, Shyam Pal P.W. 1, Sohan Pal P.W. 3 and Katori Devi sustained injuries. The incident took place on 4-5-1979 at about 6.30 p.m. in village Balli Nagla, Police Station Qadar Chowk, District Budaun. The report of the incident was lodged by Shyam Pal P.W. 1 on 5-5-1979 at 3.15 a.m. The distance of police station from the place of occurrence is 8 kms. The accused-appellants-Lal Singh and Ramesh were allegedly armed with spears whereas rest had lathis. The accused-appellants-Jai Singh, Atar Singh, Lal Singh, Mohar Singh and Beer Singh are the sons of Dallu who also allegedly participated in the incident but died after few days of the incident. Baburam and Ramesh are father and son. Baburam is the brother of Dallu. The prosecution case was that about 6 months before this incident, Durgpal brother-in-law (Sala) of Shyam Pal P.W. 1 had abducted Dhika daughter of Dallu. Accused-appellants began to bear ill-will against him and his family members on this account. On 4-5-1979 at about 6.30 p.m., there took place exchange of hot words and abuses between Shyam Pal P.W. 1 and Dallu at the Chaupal of Nek Ram in connection with abduction of Dhika. Some persons intervened in the matter and Shyam Pal went to his home. A little while later, all the accused-appellants along with Dallu deceased entered the house of Shyam Pal. As mentioned earlier, Lal Singh and Ramesh were armed with spears whereas rest had lathis. Dallu asked the other accused persons to teach a lesson to Shyam Pal and his family members for defaming him. All the accused-appellants then started assaulting Shyam Pal P.W. 1 and his brother Sonpal and Ram Murti who were present there. When their mother Katori Devi came to their rescue, she was also beaten up. Nathu Singh P.W. 2, Ulfat, Irfan, Prem Pal and others also arrived there. Shyam Pal P.W. 1, Ram Murti, Sohan Pal P.W. 3 and their mother Katori Devi sustained injuries. Shyam Pal P.W. 1 with his nephew Prempal went to the Police Station and lodged a report by oral narration on 5-5-1979 at 3.15 a.m. which was taken down by Head Constable Baburam P.W. 4.

(3.) The investigation was taken up by S.I. K. C. Sharma P.W. 11. He reached the spot and recorded the statements of the witnesses including the injured. All the injured were subjected to medical examination, the result whereof shall be related (referred) a little while later. The spot was inspected by the Investigating Officer, Ram Murti ultimately died in the hospital in the evening of 7-5-1979. The case was then converted, inter alia, under S. 302, I.P.C. and after preparation of inquest report by S.I. Shakti Singh P.W. 10, his dead body was subjected to post-mortem which was conducted by Dr. R. P. Jauhari P.W. 6 on 8-5-1979 at 4.20 p.m.