TALEWAR SINGH Vs. STATE

JUDGEMENT

(1.) THE above named appellants have preferred this appeal against their conviction and sentence under Sections 148 and 302 IPC to two years' rigorous imprisonment and life imprisonment respectively.

(2.) THE prosecution case, in brief, is that on 22-9-77 at about sun rise these appellants armed with fire arms along with two other unknown persons, who were armed with lathis entered the house of the complainant Room Singh, who on seeing them raised alarm. THEreupon his brother Agarpal Singh who was lying inside the room came out and on seeing him the appellants fired shots at him, as a result of which he died on the spot. THE occurrence was witnessed besides Smt. Savitri Devi PW 4, wife of Agarpal Singh, by other villagers including Man Singh, Teeka Ram and Khanjan. THE appellants along with their associates succeeded in making good their escape. A written report of the occurrence was lodged at the police station, Bisauli at a distance of 7 kilo metres at 9.05 A. M. on the basis of which a case was registered. THE investigating officer arrived at the scene of occurrence and after completion of the investigation sent the dead body for postmortem. Dr. N. P. Singh had conducted the autopsy and noted the following ante-mortem injuries vide postmortem report Ext. Ka 2 :- 1. Gun shot wound of entry 3 1/2 cm x 3 1/2 cm cavity deep on right side of lower chest 12 cm below right nipple. Blackening around the wound was present. THE wound was directing back-ward and to the left. 2. Multiple gun shot wound of entry each 0.25 cm x 0.25 cm x cavity in an area of 12 cm x 13 cm around injury no. 1.

(3.) APPELLANT Kunwar Pal Singh is son of appellant Talewar Singh. The version of Talewar Singh is that he and deceased belonged to the same family and he had no enmity with the deceased or Room Singh. That Agarwpal Singh deceased kept Smt. Savitri after kidnapping her and once he had seen Smt. Savitri along with Room Singh in a compromising pose. Thereupon he had objected and since then Agarpal Singh, had shifted to another house which he had built and started living with Smt. Savitri while Room Singh continued to live in the old house with his mother. That Room Singh since then started bearing grudge against him.