RAM BILAS SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal arises out of judgment and order dated 6 -8 -1980 passed by Sri R.C. Gupta, the then II Addl. Sessions Judge, Shahjahanpur in S.T. No. 303 of 1979 whereby appellant No. 1 Ram Bilas Singh has been convicted and sen ­tenced to life imprisonment under Section 3021.P.C. and to under go R.I. for two years under Section 324/341.P.C. and appellant No. 2, Surender to life imprisonment under Section 302/341.P.C. and two years R.I. under Section 324/3411.P.C. Both the sentences have been ordered to run con ­currently. Accused Jagannath Singh and Gannu Singh were also tried alongwith the appellants but they have been acquitted. Accused Ram Nath Singh could not be sent to trial as he was killed before that.

(2.) THE incident in question is alleged to have committed at about 8.00 a.m. on 16 -3 -1979 in village Parkaria within the area of police station Nigohi district Shah ­jahanpur. It is alleged that the deceased Brij Raj Singh alongwith his brother Sri Pal Singh and Nanakau Singh were prepar ­ing fodder for their cattle at the Charni near their house. It is alleged that Subedar Singh came there and abused deceased Brij Raj Singh and his brothers. Brij Raj Singh protested to this conduct of accused Subedar Singh whereupon the later went to his house abusing. It is alleged that soon after Subedar Singh armed with a spear, Ram Bilas Singh with a licenced double barrel gun, Jagannath Singh with a single barrel gun, Ram Nalh with a rifle and Gannu Singh with single barrel gun came there and they all started abusing the deceased Brij Raj Singh and challenged him. Brij Raj Singh requested them not to abuse and go away but the accused did not leave. Witnesses Jaibir Singh (PW. 3), Ram Sewak Singh (P W. 4) and others were also attracted to the scene of occurrence. It is further alleged that on exhortation given by the appellant Subedar Singh, accused Ram Bilas Singh fired a shot on Brij Raj Singh which caused injury and Birij Raj Singh fell down and died on the spot. Ram Nath Singh is also alleged to have made a fire from his rifle but it is said that none has received injury from his rifle. It is further ease of the prosecution that when wit ­nesses challenged all the accused persons holding fire -arms opened fire towards them whereby Jaibir Singh also received fire -arm injury.

(3.) DR . VC. Paul (PW. 2) conducted autopsy on 17 -3 -1979 at 5.00 p.m. and found only one following ante -mortem in ­jury: