HARISH CHANDRA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) One Ram Lakhan Singh son of Manchar Singh was murdered in the evening of 26-7-1978 at about 7 p.m. in village Semauri E. S. Sultanpur Ghosh, District Fatehpur and at the same time, his gun and cartridges were also taken away by the miscreants. A first information report in respect of the occurrence was lodged at the police station Sultanpur Ghosh at about 20.30 p.m., the distance being 3 km. The F.I.R. was lodged by the brother of the deceased against Hukum Singh, Harish Chandra Singh, Ghanshyam Singh and Bhola. They were tried after necessary investigation and submission of the chargesheet and found guilty of the offence under Ss. 302/34 and 394, I.P.C. and were sentenced to imprisonment for life and 4 years R.I. under two counts by the judgment and order dated 21-6-1980 delivered by the IV Additional Sessions Judge, Fatehpur in S.T. No. 170 of 1979. Aggrieved, by the conviction and sentence both, they have come in appeal before this Court.

(2.) The prosecution story in brief was that in the evening of 26-7-1978, Sri Ram Naresh Singh the brother of the deceased Ram Lakhan and Shatrughan Singh the son of the deceased were coming back to their home along with cattle that they had taken for grazing. The deceased Ram Lakhan Singh was behind the cattle on his horse. When the deceased was at the turn before the cattle shed of Sheo Lochan and Trilochan Pal and the witnesses were already some 25 steps ahead of him towards the North, there were two fires from behind Ram Lakhan Singh, thereupon he cried and the horse came running in front of the house of Mahabali Teli where Ram Lakhan Singh fell from the horse back. Hukum Singh, Harish Chandra Singh, Ghanshyam Singh and Bhola emerged from the house or cattle shed of Sheo Lochan and came to Ram Lakhan Singh. Both Bhola and Hukum Singh held guns and Harish Chandra Singh and Ghanshyam Singh Kattas. They all fired once each upon Ram Lakhan Singh killing him on the spot. The occurrence according to the F.I. R. was also seen by Jhuri son of Chauba. However, none could go near the accused and the accused took away the gun and bandolier with 25 cartridges. The F.I.R. also narrated that Hukum Singh used to claim a well situated in plot No. 714 which plot and well belong to the deceased and Ram Naresh Singh and for this reason, there was a bad blood between the two which had resulted in proceedings under S. 107, Cr. P.C., though the same was compromised about an year back. The body of the deceased was taken to home over a cot and thereafter the F.I.R. was sent to the police station.

(3.) The investigation proceeded with a visit of the Sub-Inspector of police to the house and that spot etc. At house lion cloth and sacred thread of the deceased were taken in possession and blood stained and plain earth were also taken in police possession on the next day. The body of the deceased was sent for post mortem examination which was conducted by (P.W. 6) Dr. B.K. Agarwal.