CHANDRA BHUSAN SINGH Vs. STATE OF U.P

JUDGEMENT

(1.) APPELLANT Chandra Bhushan Singh has been found guilty of the offence under Section 394, I.P.C. and 302/34 I.P.C. and sentenced to R.L for five years and imprisonment for life by judgment and order dated 20.9.78 recorded by VII Additional Sessions Judge, Etah in S.T. No. 538 of 1977.

(2.) THE prosecution story has been that in the evening of 28.10.1976 at about 11 p.m., the informant, Shanker Pal Singh along with Kripal Singh, were coning back from Kasqanj towards Etah. They were detained in the way at Mirahchi for some reason and reached the canal of Sirsa Tappu around 11.00 p.m. where they happened to see that near a Shisham Tree, three persons were assaulting or holding one Sukhvir Singh, deceased in the case. Practically at the same. Satya Deo, Har Dayal and Lajjaram also arrived from other side. Satya Deo had a torch and in the light there for, they all saw the miscreants was snatching moveables of the deceased. Two of the miscreants had Katta while the other had a Danda. On the alarm raised by these persons, one of the persons fired Katta at Sukhvir Singh and threw the Katta towards his friend. He also snatched the wrist watch of Sukhvir Singh from his wrist and all of them tried to escape. The accused who had fired the gun and snatched the wrist watch was chashed and caught after a distance of about 25 yards. These persons waited at ' the spot for the night and in the morning, Shankar Pal Singh went to the Police Station along with three bicycle of the deceased and the wrist watch of the deceased which according to the prosecution was recovered from the possession of the accused.

(3.) AS usual memorandum of recovery of bicycle and wrist watch were prepared and the torch of Satya Deo was also seen and given back to him. Plain and blood stained earth etc. were also taken in police possession. That is not very material. The factum of occurrence is not disputed and the contention of the accused, who had filed his written statement has been that he being a friend of the deceased was coming with him on the same bicycle when certain miscreants attacked them at the place of occurrence and when and of them happened to see the face of the deceased he exclaimed that he was of the family of Tikam Singh and immediately fired at him. Out of fear, he was waiting at the spot when in the morning some persons reached him and when he conveyed the facts, he was taken to the police station and the entire incident given a different shape.