GIRAND SINGH Vs. STATE OF U P

JUDGEMENT

(1.) -This appeal is directed against the judgment and order dated 10.12.1980 passed by Sri M. S. Premi the then IVth Additional Sessions Judge, Farrukhabad in Sessions Trial No. 246 of 1975 convicting and sentencing the appellants for life imprisonment under Section 302/149, I.P.C. Appellants Girand Singh, Raju Singh and Shambhu Singh have further been convicted and sentenced to two years R.I. under Section 148, I.P.C., four years R.I. under Section 307/149, I.P.C. and to a fine of Rs. 500 under Section 323 read with section 149, I.P.C. Appellant Ranveer Singh has further been convicted and sentenced to one year R.I. under Section 147, four years R.I. under Section 307/149, I.P.C. and to a fine of Rs. 500 under Section 323, I.P.C. All the sentences have been ordered to run concurrently.

(2.) THE prosecution case as revealed from the first information report, in short, is that on 13.3.1975 at about 5 p.m., Bharat Singh, brother of first informant, Balbir Singh, P.W. 1 had gone to Government Tube well in village Harsinghpur for drawing water for the irrigation of his fields. Jaggu Singh of Harsinghpur was present at the Tube well, seeing Bharat Singh at the Tube well, he went to his village and after a short while reappeared with Girand Singh, Virendra Singh, Raju Singh, Shambhu and Ranvir Singh. Jaggu Singh, Girand Singh and Virendra Singh were armed with guns, Raju Singh and Shambhu had country made pistols while Ranvir Singh had a lathi. Seeing Bharat Singh all alone, they said that it was a good occasion and he be killed as he was deposing against them. Saying this, Virendra Singh from his gun, Raju and Shambhu from their country made pistol opened fire on Bharat Singh, whereby Bharat Singh fell to the ground. THEreafter Ranvir Singh assaulted Bharat Singh with lathi which also caused him injuries. When Kalyan Singh, Chandra Pal Singh, Kalka Singh intervened to save Bharat Singh, they were also fired upon by Virendra Singh, Jaggu Singh and others as a result of which they also suffered injuries. Meanwhile Balbir Singh, first informant, Dafedar Singh, Yadu Nath, Pratipal and Daya Ram also reached there challenging the accused persons. Ranvir Singh accused assaulted Dafedar Singh with lathi which hit him on his right arm, thereafter, accused persons ran away from the spot.

(3.) RAVI Dutt Tyagi P.W. 8 was second officer at police station, Mohammadabad. He was present at the police station when Balbir Singh lodged his report. Investigation was entrusted to him and he recorded statement of the first informant at the police station itself. Thereafter he proceeded to the place of occurrence. He did nothing during night. Next morning, he recorded statement of the witnesses Damodar Singh, Chandra Pal Singh, Kalka Singh and Kalyan Singh. Inquest was thereafter held and dead body of Bharat Singh was sent to mortuary for post-mortem examination. He also collected blood stained and plain earth from the scene of occurrence through memo Ex. Ka.-16. One empty cartridge, two damaged cartridges and one tikli were also found at the scene of occurrence. They were also taken into custody through memo Ex. Ka.-17. Accused Jaggu Singh was arrested on the same day from the crossing of Mohammadabad Bus Stand.