STATE OF U P Vs. JAGDISH SINGH

JUDGEMENT

(1.) P. P. Gupta, J. This is an appeal filed on behalf of the State of U. P. against the judgment and order dated 17. 8. 77 passed by the III Additional District & Sessions Judge, Saharanpur, in S. T. No. 63 of 1977, acquitting the appellants.

(2.) THE charge against the appellants was that they, in the night between 18th and 19th December 1976, at about 11. 00 p. m. at the house of Bakshish Singh in the jungly of village Kulheri, P. S. Nakur, distriact Saharanpur, formed an unlawful assembly and in prosecution of the common object of such assembly viz. in committing the murder of Gurmail Singh and Kripal Singh, committed the offence of rioting and also committed the murder by intentionally and knowingly causing the death of Gurmail Singh and also intentionally fired shots at Kripal Singh with such intention and knowledge and under such circumstan ces that if by that act they have caused the death of the said Kripal Singh they would have been guilty of murder and that hurt was caused to said Kripal Singh by the said act.

(3.) ALL the appellants did not plead guilty to the charges. Their defence was that the appellant Jagdish, while on way back to his village in the night of occurrence, met Sharvan Singh, Gurmail and Kirpal, who invited him to their house for tea. Surendra and Mahindra, the two sons of the complainant, Bakshish Singh, were also present there. When they finished with the tea, Sharvan Singh and his family members asked Jagdish to sign a blank document to be converted into an ante dated agreement for sale of his land in their favour. The appellant Jagdish had already entered into an agreement for sale of his land in favour of appellant Bhajan Singh. He, therefore, refused to be a party to such manipulation. Sharvan Singh and his family members then indulged in abused. Jagdish Singh got up and started moving out of the house, but Gurmail Singh inflicted a Bhala blow on his back and his companions surrounded him. It was at that moment Jagdish Singh fired his gun in self defence. He fired two shots whereupon he was overpowered and deprived of his gun and was given further beating. The complainant, Bakshish Singh, brought the police party on the spot and the injured Gurmail and Kirpal were immediately sent for medical treatment. The police party escorted Jagdish Singh to his house and from where his close relation, Chhindu was arrested. Soon after, the appellants Mahender and Lamber were also arrested from their houses situate closely and the licensed gun of Lamber was also taken into custody.