DURGI SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This criminal appeal was filed by Durgi Singh, Latoori Singh, Suraj Singh, Sohan Singh and Arjun Singh against their conviction under Section 302 read with Section 149, I.P.C. and Section 323 read with Section 149, I.P.C. All of them were sentenced to life imprisonment and R.I. for 6 months respectively under the above two counts. Latoori Singh, appellant No. 2 and Suraj Singh, appellant No. 3, were further sentenced to one year's R.I. under Section 147, I.P.C. as both of them were armed with Lathis. Appellant Sohan Singh and Arjun Singh were further convicted under Section 148, I.P.C. and sentenced to two years' R.I. All the sentences of all the above said appellants were to run concurrently.

(2.) The prosecution case, in short, is that deceased Shubrati and appellant Durgi Singh and their fields contiguously situate in village Karanpur, district Rampur. The fields of appellant Durgi Singh were adjacently posted towards West and South to the fields of the deceased. There was some dispute between the two parties on usurpation of a portion of this field. Some portion from the field of the appellant Durgi Singh was merged into his field by Shubrati deceased. This Act of the deceased also gave rise to some altercation in between them. On some previous date, it is alleged that appellant Durgi Singh had told the deceased, when he was asked to get the lands measured and demarcation done, that he will take possessionof the land surreptitiously included in his land by the deceased. He will not go for measurement. On the date of occurrence i.e. 4-8-1978 around 8.00 a.m., the deceased along with his two sons Shafi and Munshi was preparing the Mend (boundary wall) on their paddy field to prevent the flow of water from their field towards the field of appellant. They were possessed for this purpose with spade and Lathi. It is alleged that appellant Durgi Singh came there and required Shubrati and his sons not to raise any boundary by using mud without a Panchayat being held. He told to return with the Panchas. The victim and his sons paid no need to Durgi Singh and persisted in their act of raising boundary. After about half an hour it is claimed that appellant Durgi Singh returned with other co-accused persons to the spot. Immediately on their arrival abuses were hurled by them upon the other side. It is asserted that appellant Suraj Singh and Latoor Singh attacked Munshi and Shafi with Lathis. Munshi and Shafi defended themselves with Lathi and spade but this had not caused any injuries to the accused side and when lathis did not yield any desired result, appellant Suraj Singh gave a exhortation to his associates in the following words "MAARO GOLI YAHAN KYA DEKHTE HO" (shot them, what are you seeing here). Upon the exhortation of Suraj Singh it is alleged that appellants Sohan Singh, Durgi Singh and Arjun Singh discharged 5 or 6 shots with their respective weapons. The gun discharge struck Shubrati and his sons Munshi and Shafi. Injured Munshi fell in that field but Shafi ran some distance and fell in the sugarcane field of Chhuttan. Hearing the gunshot report villagers from the neighbouring fields such as Amira, s/o Nathu, Munshi s/o Nanhey, Buddha s/o Ghulami, Har Sahai Singh, Chhuttan and Subrati, the informant (son-in-law of the deceased Shubrati) reached the plot and they claimed to have witnessed, the accused persons withdrew to safety and left the place. Durgi Singh and Sohan Singh were armed with guns whereas Arjun Singh was having the pistol. The other two appellants, as earlier stated, were armed with Lathis. Shubrati, son-in-law of the deceased, prepared the Written Report and leaving the injured at the spot he rushed to the police outpost Saifani and lodged the same there at about 9.15 a.m. On the basis of this written report, a case was registered at the police outpost Saifani, which was a reporting out-post, at about 9.14 a.m. One of the appellant, Suraj Singh s/o Durgi Singh has also got his report registered on 6-8-1978 at 2.30 p.m. naming therein Subrati s/o Nabi, Munshi and Shafi s/o Subrati, Munshi s/o Nanhey, Amira s/o Nathu and Liyakat s/o Munshi. This clearly fortifies the presence of Amira s/o Nathu and Munshi s/o Nanhey who were nominated as eye-witnesses by the informant. Their presence is thus admitted to the defence also. The F.I.R. is Ex. Ka 1. The defence F.I.R. is Ex. Kha-4. After the arrival at the spot, the investigating officer claimed to have taken the victims along with him upto the Saifani Bus Stand and from there they were sent to Shahabad for medical check up where Munshi and Shafi were medically examined by Dr. M. M. Khan, P.W. 8, at primary health centre at 12.30 and 1.05 p.m. It is alleged that Shubrati in the course of examination breathed his last. Both the victims were taken to the hospital by Sri Ram Murti Singh, Constable No. 101 of P. S. Saifani. Injuries of Munshi are quoted as under :1. Gunshot wound 9 cm x 12.4 cm bone deep, all flesh is absent and torn out from this wound over the rt. lower arm on post part, oblique, bleeding profusely.2. Gunshot wound in an area of 21 cm x 10 cm over the rt. lower abd. On front aspect, bleeding is present from the wounds.

(3.) Gunshot wound 2 cm x 2 cm over the left forearm on lower 1/3 cm ventral aspect, three in no.