CHHOTEY SINGH Vs. STATE OF U P

JUDGEMENT

(1.) NINE appellants Chhotey Singh A-1, Samai Singh A-2, Bani Singh A-3, Gajendra A-4, Ompal A-5, Nawab Singh A-6, Veer Singh A-7, Prempal Singh A-8 and Hari Raj A-9 have come up to this court challenging their convictions and sentences recorded by IInd Additional Session's Judge, Bulandshahr in S.T. No. 287 of 1980,State Vs. Chhote Singh and others, P.S. Anupshahr, District Bulandshahar. All the appellants but for A-3 and A-5 have been convicted u/s 147 IPC while A-3 & 5 have been convicted u/s 148 IPC. Jointly all the appellants have been convicted u/s 452, 304(II)/ 149 IPC. For the offence under Section 147 IPC 1 ? years RI, u/s 148 I.P.C. 2 years RI, u/s 452 2 years RI and u/s 304(II)/149 10 years RI are the imposed sentences. All the sentences have been ordered to run currently.

(2.) BACKGROUND facts, as was informed to the police through written report Exhibit Ka-1 coupled with Chik FIR Exhibit Ka-2 and statement of fact witnesses during trial, indicate that because of existing enmity between informant Hari Singh and the accused A-1 and A-9 coupled with Makbool Singh (since dead), all the appellants climbed on the roof of informant's house and stepped down from staircase into enclosed courtyard (Aagan). They abused house inmates and challenged that they will play a bloody Holi. Informant and his brother Bharat Singh vainly persuaded them to desist from their such an intention as it was a Holi festival day but their requests went unheeded and trespassers started assaulting house inmates from blunt objects carried by them causing injuries to the informant, his wife Pushpa Devi, his brothers Prem Singh and Bharat Singh and Smt. Maha Devi w/o Prem Singh. Shrieks of beaten victims attracted Mukhtar Singh, Udai Veer, Nanak, Puran Singh at the spot. In the midst of assault, Prem Singh and Bharat Singh, to save their lives climbed on the roof, but they were chased there by Om Pal Singh, Bani Singh both armed with ballam and Hari Singh, Veer Singh and Prem Singh, all armed with lathis and these accused assaulted Bharat Singh and Prem Singh on the roof. Bharat Singh was assaulted with ballam whereas Prem Singh was belaboured by lathi. In retaliation and self defence, Bharat Singh and Prem Pal Singh pelted bricks and stone on the malefactors. On approaching of the witnesses, those accused, who had remained in the enclosed courtyard escape from the front door of the house and those assailants, who were on the roof, escaped from back of the house. Bharat Singh fainted because of the sustained injury by ballam. Informant Hari Singh arranged for a buggi and along with all the injured except his wife Pushpa started for police station Anupshahr. In the way they got a bus and therefore, leaving buggi they boarded the bus and reached Anupshahr Hospital where injured Bharat Singh and Prem Singh were admitted. Hari Singh thereafter dictated FIR to one Ramesh Sharma, a shopkeeper, and after verifying it's correctness signed on it. He thereafter took the said FIR, Ext. Ka-1, to police station Anupshahr, at a distance of 5 miles and lodged it as crime number 66-A under Sections 147, 148, 323, 324, 452, 308 IPC the same day at 4.20 p.m.

(3.) INJURED Hari Singh, Prem Singh, Bharat Singh (expired) Smt. Maha Devi and Smt. Pushpa were medically examined by Dr. Suresh Kumar P.W.5 in Civil Hospital Anupshahr. Bharat Singh deceased were medically examined on 14.3.79 at 4.30 p.m. vide exhibit Ka-6, informant Hari Singh was examined on the same day at 5.25 p.m. vide Ext. Ka-7, injured Prem Singh was examined on the same day at 5.40 p.m. vide Ext. Ka-8, Smt. Maha Devi was examined on the same day vide Ext. Ka-9 at 6.00 p.m. Smt. Pushpa Devi w/o informant was examined on 16.3.79 at 11.00 a.m. vide Ext. Ka-10. Supplementary report in respect of fractured sustained by injured Prem Singh dated 28.3.79 is Ext. Ka-11. The copy of the medical reports in order of its seriatum are reproduced below:-