MAHENDRA SINGH Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 12-2-1977 delivered by the Ilnd Additional Sessions Judge, Kheri, in Sessions Trial No. A-410 of 1976. Learned Ilnd Additional Sessions Judge has convicted Amarjeet Singh alias Ambar Singh, Mahendra Singh and Manjeet Singh under section 302 IPC and sentenced each of them to under go rigorous imprisonment, for life. He further convicted these persons under section 302/34 IPC and sentenced each of them to undergo rigorous imprisonment for life. He also convicted Jogendra Singh under section 302/34 IPC and sentenced him to undergo rigorous imprisonment for life. He also convicted Amarjeet Singh, Mahendra Singh and Manjeet Singh accused persons under section 307 Indian Penal Code and sentenced each of them to undergo rigorous imprisonment for seven years. He also convicted Amarjeet Singh alias Ambar Singh, Mahendra Singh, Manjeet Singh and Jogendar Singh under section 307 IPC read with section 34 IPC and sentenced each of them to undergo rigorous imprisonment for seven years. All these sentences were directed to run concurrently.

(2.) THE facts of the prosecution case are as under : - Balbir Singh lodged an FIR Ext Ka 1 on 22-8-1973 at 7 13 P.M. giving out that the incident took place on the same day at 4.00 P.M. It will be convenient to mention the topography of the area. Towards the Nali on the western side is the field of Mahendra Singh having sugarcane crop. Towards east of Nali is another field of Mahendra Singh having sugarcane at that time. Towards south of this field of Mahendra Singh was the field of Karnail Singh. Towards west of Nali and towards south of the field of Mahendra Singh was the Parti field of Dhara Singh. Towards the west of the Parti field of Karnail Singh there is another Parti field of Karnail Singh. Towards the west of this field of Karnail Singh was another field of Karnail Singh having maize crop in it. Towards the north of Parti field of Karnail Singh and towards the west of the field of Mahendra Singh having been sugarcane crop, was the field of Mahendra Singh having paddy at that time. Towards the west of this field of Mahendra Singh was his Parti field and thereafter towards the west of it was another field of Mahendra Singh having maize crop in that year. Towards the west of that field was another field of Mahendra Singh having maize crop at that time Towards the north of this field of Mahendra Singh was the field of Sheesha Singh. and towards the west of this field of Sheesha Singh was another field of Sheesha Singh having maize crop.

(3.) MAHENDRA Singh one of the accused lodged an FIR, Ext Ka 31, on 22-8-1977 at 6 30 P.M. stating that the incident took place at 400 P.M. These accused persons admitted the place and time of the occurrence. They have given a different version of this incident. MAHENDRA Singh, accused, in his FIR, Ext Ka 31, admitted the presence of Mukhtar Singh son of Pritam Singh, Pritam Singh, Shisha Singh, Gyan Singh and Kartar Singh. No mention is to be found in that report about Balbir Singh and Mukhtar son of Gyan Chand. On their side the presence of all the accused persons mentioned in Ext Ka 1 has been admitted by MAHENDRA Singh in his FIR Ext Ka 31. There is one dying declaration of Shisha Singh, Ext Ka 13, which was recorded by the Tahsildar Magistrate 11 Class.