SARNAM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) SARNAM Singh, appellant, stands convicted under Section 302 of the Indian Penal Code with a sentence of imprisonment for life, per judgment and order dated the 28th of September, 1985 passed by Sri Ram Ji Lal, the then 1st Aditional Sessions Judge, Etawah, in Sessions Trial No. 60 of 1985. Sarnam Singh, accused has assailed this decision by means of this appeal.

(2.) AN Ashram, known as Iksharanand Ashram is situate in village Birari within police circle Ekdil, District Etawah. Radhey Shyam Shukla (P. W. 1) was its Secretary and Sidheshwar Dayal (P. W. 5) was discharging the duties of' Pujari in the Ashram from before October, 1984 ; the former was then living at a distance of about one furlong from the Ashram whereas the latter was in occupation of a Kothri in the Ashram itsellf. This Ashram is to the immediate north of EtawahKanpur Mughal road, which runs eastwest in the village. The nain entrance door of the Ashram faces the road and on each side of the entrance gate, small rooms, used as shops, facing south, exist. The rooms are owned by the Ashram but are in occupation of tenants. Raghubir and Hari Ram were running shops separately as tenants of the Ashram, Sarnam Singh, appellant, was also using a Kothari of the Ashram as tenant and was running "Cyclerepairshop" in it. There is a chabutra in front of these shops on which Raghubir, Hari Ram (both tenants) and one Nathu Singh, brother of the Managing Director of a Cooperative Bank of that area were fatally wounded on the night between the 17th and 18th of October, 1984. Each had received incised wounds and Raghubir had suffered lacerated wounds also. The death of Raghubir was instantaneous while the other two persons breathed their last on the following day.

(3.) RADHEY Shyam Shukla (P. W. 1) produced a written report of the occurrence on the same night at 3.10 a.m. at police station Ekdil, which is about 1/2 Km, away from the Ashram. Shortly put, this report recites that the Pujari Baba Sidheshwar Dayal (P. W. 5) had come to the house of the author of the report at 2 a.m. and had told him that Raghubir, Hari Ram and Nathu Singh had been brutally assaulted at about 930 p.m. on the 17th of October, 1984 in the Ashram. The crime was registered and it is claimed by the Investigating Officer, Shrikant Dixit (P. W. 8), that the complicity of Sarnam Singh, appellant, in this crime came to his notice on the 20th of October, 1984 through Ram Babu (P. W. 2) before whom Sarnam Singh had made a confes ­sional statement on the evening of the 19th of October, 1984. Per his further statement, Sarnam Singh, appellant, was arrested from his shop, referred to above, on the 22nd of October, 1984 at about 2 p.m. and on his pointing, the axe used in inflicting injuries on the person of the three deceased and some clothes having stains of blood were respectively recovered from a pit near the Tubewell of one Gyan Singh and the field of Gyan Singh, which is in close proxmity to the Tubewell in village Birari. On the basis of the evidence collect ­ed in the course of investigation, he submisted chargesheet against Sarnam Singh, appellant whose trial ended in conviction and sentence was awarded under Section 302 of the Indian Penal Code, as stated at the outset.