STATE OF U P Vs. JAGDISH SINGH

JUDGEMENT

(1.) This is an appeal filed on behalf of the State of D.P. against the judgment and order dated 17-8-1977 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 jungle of village Kulheri, P.S. Nakur, District Saharanpur, formed an unlawful assembly and in prosecution of the common object of such assembly viz, in committing the murder of Gurmail Singh and Kirpal 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 Kirpal Singh with such intention and knowledge and under such circumstances that if by that act they have caused the death of the said Kirpal Singh, they would have been guilty of murder and that hurt was caused to said Kirpal Singh by the said act.

(3.) The prosecution case, in brief, is that in the night between 18th and 19th December, 1976 at about 11-00 P.M., the appellant, variously armed, came to the house of the complainant Bakshish Singh in village Kalheri. The appellants tamber Singh, Jagdish Singh an4 Bhajan Singh were armed with their licensed guns, while appellants Chindu Singh, Mahender Singh and Makhan Singh were holding Lathies. They knocked at the main door of Bakshish Singh and asked him to come out. However, Bakshish Singh declined to open the door. All the appellants there upon hurled abuses on him. Sharvan Singh, the real brother of Bakshish Singh, accompanied with his two sons, viz. Kirpal Singh and Gurmail Singh, and servants Manga, Nanga and Persa, who were working on their nearby crusher, on hearing the noise, rushed to the house of Bakshish Singh. On being enquired by Sharvan Singh, the appellant Jagdish Singh said to him that he had come to ask as to why Bakshish Singh had sold his land to Bhajan Lal, an outsider. Recognising the voice of Sharvan Singh, the complainant, Bakshish Singh, and his sons, viz. Shalender and Mahender came out of the house, armed with Lathies and Gandasa. Sharvan Singh, however, warned Bakshish Singh not to come out of the house as the appellants were holding guns. Simulteneously, the appellants Jagdish, Lamber and Bhajan Singh fired their guns and Kirpal Singh and Gurmail Singh fell down injured. The complainant, Bakshish Singh, and his companions then attacked the appellants with the arms, which they were carrying, and managed to apprehend the appellant, Jagdish, Lamber, Chhindu and Mahinder on the spot. Jagdish and Lamber Singh were relieved of their guns. Hearing all these hue and cry, the residents of the village also arrived at the spot. Bakshish Singh escorted his injured nephews in a bogie to Nakur.