MAJOR SINGH Vs. STATE

JUDGEMENT

(1.) THREE sibling brothers, Major Singh(A1), Jeet Singh(A2) and Bara Singh(A3) all sons of Buta Singh resident of village Punnapur, PS Bahedi, district Bareilly, have challenged their conviction u/s 307/34 I.P.C. imposed by IVth Additional Session's Judge,Bareilly, vide impugned judgement and order date 20.7.1981, recorded in S.T. No.299 of 1980, State Vs. Major Singh and others. For the said offence,(A1) was sentenced to three years RI, whereas rest of the two appellants,(A2) &(A3), were sentenced to five years R.I.

(2.) LACONICALLY stated, prosecution allegations against the appellants, as was narrated and scribed at the police station, vide oral first information report, Ex.Ka -1,on 26.10.79 at 1.45 P.M., were that informant Sachcha Singh(P.W.1) son of Bagha Singh resident of Harharpur, P.S. Baheri, district Bareilly had gone to attend the last rites(Sattarya) in village Punnapur at the house of Buta Singh alongwith his nephew injured Tara Singh. Said rites was also attended by many others including Guljar Singh, Sikandar Singh etc. In the aforesaid function,(A2) offered liquor to the injured, who refused to oblige him and on insistence by (A2) to consume it, injured spilled it on the floor which enraged (A2), who thereafter retorted by complaining that if the injured had not to drink, then why he had participated in the rites. Injured Tara Singh countered the complaint by replying that there was difference between him and(A2) as he was a literate man, whereas(A2) was alcoholic. Verbal duel between them soon transformed into vetuparisation amongst the real sibling brothers and injured, which then was followed by muscle flexing between (A1) and the injured. In the midst of such brawl, (A2) gave a sword blow to injured Tara Singh on his neck, whereas (A3) caused him Gadasa injury. Sustaining injuries by both the blows, Tara Singh squatted on the ground unconscious.

(3.) DOCTOR(P.W.4) had prepared medical examination report Ext. ka 8, and had opined that injury no.1 was simple, but had kept injury no. 2 under observation. Both of it were caused by sharp edged weapons. DOCTOR had also advised X-ray of injury no.2. These injuries could have been sustained by the injured at the time of the incident.