GAJADHAR SINGH; JANARDAN SINGH Vs. STATE

JUDGEMENT

(1.) G. P. Mathur, J. Criminal Appeal No. 2007 of 1997 has been preferred by Gajadhar Singh, and Criminal Appeal No. 1963 of 1997 has been preferred by Janardan Singh, Sarvajit Singh, Suresh Singh, Umesh Singh, Mritunjai Singh and Haribhan Chaudhury against the judgment and order dated 20-10-1997 of IVth Additional Sessions Judge, Ballia, in S. T. No. 298 of 1995 and S. T. No. 33 of 1996. By the impugned judgment and order Gajadharu Singh was convicted under Sections 148, 302 and 307 read with Section 149 IPC and was sentenced to two years RI, imprisonment for life and fine of Rs. 5,000 and imprisonment for life, respectively, under the three counts. In default of payment of fine, he had to undergo a further sentence of six months RI. The appellants in Crl. Appeal No. 1963 of 1997 were convicted under Sections 147, 302 read with Section 149 and 307 read with Section 149 IPC and were sentenced to one year RI, imprisonment for life and a fine of Rs. 5,000 and imprisonment for life, respectively, under the three counts. In default of payment of fine, the appellants had to undergo a further sentence of six months RI. The sentences imposed upon the appellants were ordered to run concurrently.

(2.) THE case of the prosecution, as stated in the FIR and as unfolded in the evidence, in brief, is that the accused Gajadhar Singh, Umesh Singh and Suresh Singh are real brothers being sons of Ram Vichar Singh while Sarvajit Singh accused is son of Janardan Singh. Janardan Singh is first cousin of Ram Vichar Singh as their fathers were real brothers. THE remaining two accused, namely, Mritunjai Singh and Haribhan Chaudhury belonged to their group. Janardan Singh was earlier the Pradhan of Gaon Sabha Bankara Saiyed Bukhara. In the election scheduled to be held in April, 1995, the office of Pradhan of the said Gaon Sabha was reserved for a person belonging to backward caste. Janardan Singh then set up Haribhan Yadav (Chaudhury) while the deceased Chandra Bhan Singh set up Ramakant Yadav as candidates for the office of Pradhan. Janardan Singh himself filed his nomination papers for the membership of Block Development Committee while Chandra Bhan Singh deceased proposed the name of Sri Ram Bhar for the said office. THE election for the office of Pradhan commenced in the morning of 7-4-1995 and the polling station was in the primary school of the village. Chandra Bhan Singh was also the polling agent of Ramakant Yadav Shortly after commencement of the polling, Janardan Singh and some persons of his group started creating disturbance and resorted to rowdyism. Chandra Bhan Singh asked them not to create any disturbance and to allow the poll to be conducted in a peaceful manner. Janardan Singh then exhorted his companions that he should be beaten. THEreafter Janardan Singh and Sarvajit Singh each caught one hand of Chandra Bhan Singh and Gajadhar Singh fired from a country- made pistol upon him and the shot hit upon his chest. Shivjit Yadav, Deedan Singh and Keshav rushed forward to save him but the appellants Suresh Singh, Umesh Singh, Mritunjai Singh and Haribhan assaulted them with lathis. Chandra Bhan Singh fell down and died on the spot. THE injured Keshav Singh, Shivji Yadav and Deedan Singh thereafter went to PHC Siyar where medical aid was given to them and they were also medically examined. Keshav Singh got the FIR of the incident scribed by Raghav Singh and lodged the same at 12. 40 p. m. at P. S. Ubhav which is at a distance of 4 miles from the place of occurrence.

(3.) WE have heard Sri G. S. Chaturvedi, learned Senior Counsel for the appellants, S/sri G. P. Dixit and Viresh Misra for the complainant, learned AGA for the State and have examined the entire record.