SIDH GOPAL Vs. STATE

JUDGEMENT

(1.) This appeal arises from an order of conviction under Section 302, I.P.C. against the appellant Siddha Gopal who was sentenced to imprisonment for life. The other appellant Rajendra Kumar was convicted under Section 323/34, I.P.C. He was granted benefit of Section 4, of U.P. First Offenders Probation Act. In case of default in furnishing bond he was directed to serve out the sentence of three month's R.I.

(2.) The brief facts of the case are that the Chaks of Sidda Gopal appellant and Debi deceased were contiguous since there was no mend to separate these two Chaks. It was alleged that Siddha Gopal appellant used to cultivate some portion of the Chak of the deceased every year. When this year Siddha Gopal tried to cultivate some portion of the Chaks belonging to the deceased he raised an objection to this act of these appellants. Siddha Gopal agreed that at the time of harvesting the entire land of their's will be measured and if any extra portion belonging to Debi was shown by him crop standing thereon shall be harvested by Debi. Therefore, the matter was amicably settled in the said manner. On the morning of 2-10-1977 when Siddha Gopal was harvesting his jwar crop Debi was present there. He raised an objection to the harvesting by Siddha Gopal without measurement of their fields. Appellant Siddha Gopal challenged Debi and tried to assault him. Debi retreated to his house and the crop was harvested by Siddha Gopal.

(3.) After the incident it is alleged that Debideceased , his brother Iswar Dayal (informant), Khemraj, Parmeshwari Das and Ram Singh went to school to attend the function organised on the birthday of Mahamta Gandhi. They left the function a little before the end, at about 8.00 a.m. When they reached near the house of Ghanshyam both the appellants (father and son) emerged out from the eastern side. Siddha Gopal was armed with a gun and Rajendra, his son, was holding a lathi. On seeing Debi along with others Siddha Gopal told him, 'he is creating too much nuisance in harvesting his crop every year. Now this nuisance must end today.' Immediately thereafter a shot fired by the appellant Siddha Gopal struck Debi who he fell down to the ground and died instantaneously. Iswar Dayal immediately caught hold of Siddha Gopal. A struggle started between this appellant and Ishwar Dayal. In the meantime appellant Rajendra Kumar wielded his lathi upon Ishwar Dayal to (sic) his freedom. On the intervention made by the witnesses Rajendra appellant fled from the spot. Siddha Gopal was arrested by the witnesses. Leaving dead body in the care and custody of the witnesses Iswar Dayal went to his house. He prepared a written report and proceeded for Police Station Dakore to lodge it there. The report was lodged by him at 9.30 a.m. The distance between the Police Station and the village of occurrence is four miles. A check report Ext. Ka. 3 was prepared by Constable Jwala Prasad. On the basis of this written report a case was registered in the G.D. at serial No. 9 . A true copy of which, Ext. Ka. 4, is on record. Shri S.K. Dixit, PW 4 commenced the investigation in the case. Iswar Dayal was interrogated at the above police station and thereafter was sent for medical examination to Dakore hospital. Station Officer, PW 4 immediately started for the spot thereafter. On arriving here he prepared inquest memo and other connected papers Ext. K.5 and Ext. Ka. 6. The dead body was sent for post mortem examination through two constables. None of whom were examined in the trial Court. The statements of other witnesses were also recorded. He thereafter took into custody the gun belonging to appellant Siddha Gopal and prepared a memo Ext. Ka. 7. He also prepared a site map of the place of occurrence Ext. Ka. 8. Bloodstained earth and simple earth were taken through memo Ext. Ka. 9. After completing all the formalities he claimed to have taken into custody the appellant and interrogated him. The appellant was lodged in the lock up of the Police Station at 4.30 p.m. His arrival was noted in the G.D. vide Ext. Kha. 2. After completing the arrest of Rajendra on 12-10-1977 PW 4, S.K. Dixit, has submitted the charge sheet, Ext. Ka. 10, against both the appellants.