JAGAT PAL SINGH Vs. STATE

JUDGEMENT

(1.) THIS appeal has been presented against the judgment of the Illrd Additional Sessions Judge, Unnao holding guilty under section 302/34 IPC. He has sentenced appellants Jagat Pal, Lav Kush Singh, Ram Sagar Singh and Putan Singh to undergo imprisonment for life. The sentence of one year Rigorous Imprisonment has also been awarded to appellant Lav Kush Singh under section 324 IPC and it has been ordered that both the sentences shall run concurrently. According to the prosecution, the alleged occurrence took place on 25-2-1977 at about 6 p.m. in village Barbatpur, P. S. Maakhi, district Unnao. The village Barbatpur is towards south of police station at a distance of 6 miles. Ashok Kumar PW 1 lodged the written report of the occurrence on 25-2-1977 at the police station at 10-30 p.m. In the report, the aforesaid four appellants were named. According to the report, on 25-2-1977, Ashok Kumar was irrigating his onions (Field) by his engine from Badi Gadhiya (tank) situated towards east of the village at 8 a.m. all the four appellants came and Lav Kush said you fix your engine everyday in the Nali, it causes us loss, I will not allow to install it today. Their companions also said favouring them that their engine be closed. Bindesbwari Prasad father of Ashok Kumar said "water will irrigate our onions, onions are drying." Thereupon the appellants were bent upon to quarrel. At that time, Dhaniram Lodh and Ram Dayal Kumhar and others of the village intervened. At this Jagat Pal said "you take the water dialy, we will see you soon." After saying so, they went away. The same day after digging out the engine in the evening Bindeshwari Prasad was returning home with Ashok Kumar and Sardar. At about 6-30 p m. they reached at the southeast corner of Guru Prasad's home. Then taking protection of wall and Charhi (crib), Jagat Pal Singh appellant challenged Bindeshwari Prasad and fired upon him by Katta. Bindeshwari Prasad fell down having received injury, then Lav Kush and Putan Singh appellants who were having knives in their hands started stabbing Bindeshwari Prasad on the head and neck of Bindeshwari Prasad. Ram Sagar Singh who was having lathi wielded it on Bindeshwari. Jagat Pal Singh, Ram Sagar Singh shouted that "Lav Kush Singh and Putan Singh strike knives carefully so that they may not escape." Ashok Kumar and Sardar tried to save Bindeshwari Prasad upon which Lav Kush attacked Sardar with knife which hurt little finger of his left hand. Ram Sagar weilded Lathi on Ashok Kumar but Ashok Kumar withdrew and was just saved. At the alarm of Ashok Kumar, Sardar, Sheo Kumar PW 2 Saroj and so many other people of the village raised alarm on which appellants fled away. Bindeshwari Prasad had received injuries of bullet and knife on his body and he was bleeding. He had died. The police registered case against the appellants under section 302/324 IPC on the basis of the report. Sub-Inspector Rama Nand Yadav PW 3 investigated the crime. The first information report was registered in his presence. He recorded the statements of Mr. Ashok Kumar and Sardar at the police station and sent Sardar to Unnao for medical examination. He reached on the place of occurrence in the night itself at 2.30 a.m. There was no arrangement of light on the spot, therefore, the inquest report Ext Ka 5 of the dead body of Bindeshwari Prasad deceased and other papers were prepared on 26-2-1977 at 6 a.m. and the dead body was sent for post-mortem examination through Lal Bahadur end Chowkidar Dori in the morning. Eight blood stained wads Ext 5 were also found near the dead body by the Investigating Officer. He took wads in his possession and also took sample of plain and blood stained soil from the place of occurrence and prepared site-plan Ext Ka 11 after making inspection of the place of occurrence. The appellants could not found, hence proceedings were taken against them under section 82/83 CrPC. They appeared in the court on 9-3-1977. After making enquires from them on 24-3-1977. The Investigating Officer submitted charge-sheet Ext Ka 28 on 28-3-1977.

(2.) DR. Dinesh Kumar PW 4 was C.M.O. in Sadar Hospital, Unnao. He examined the injuries of Sardar on 26-2-1977 and prepared report Ex Ka 28. The following injuries were found on the body of Sardar : 1. lacerated wound 1" x 1/8" x 1/8" on the inner side of left little finger. 2. Abrasion 1/2" x 1/8" on the inner side of left hand on the palmer aspect.

(3.) FROM the internal examination, it was found that there was fracture in the skull of the deceased towards south of frontal and parietal bones due to which membrane of brain towards south was damaged and congested and the right portion of the brain was also congested. Peritoneum was cracked towards right and blood was present in the cavity. Lever was torn and congested. Stomatch was empty. In the small intestine semi-solid food was present and in the large intestine there was little faecal matter. In the opinion of Dr. Dinesh Kumar Rai, the death of Bindeshwari was caused due to shock and excessive bleeding. The above ante-mortem injuries were ordinarily sufficient to cause death. Dr Dinesh Kumar took out 27 small shots and two brading piece from the body of the deceased and sent to the police office after sealing. He took out Kurta, Dhoti, Baniyaeen, Janeu and spectacle from the body of the deceased and having sealed and stamped he sent the same to the police station.