SHANKAR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appeal has been preferred by three accused-appellants, namely, Shankar Singh, Shatrughan Singh and Lala Ram against the judgment and order dated 20-1-81 passed by Sri K. S. Rakhra, the then V Addl. Sessions Judge, Jalaun at Orai in Sessions Trial No. 115 of 1980, convicting them under Section 302, I.P.C. and sentencing each of them to undergo life imprisonment and to pay a fine of Rs. 1000.00. The appeal has abated so far as the appellant Lala Ram is concerned, as he has died.

(2.) Salient features of the case, as emerging from the F.I.R. and the evidence adduced in the Court, may be detailed briefly. The incident occurred on 14-6-79 at about 7 p.m. in village Ukasa, P.S. Ata, District Jalaun. The report of the incident was lodged the following day i.e. 15-6-79 at 10.30 a.m. by P.W. 2 Smt. Chirauja alias Bari Bahu-mother of the deceased. The distance of the police station was about 3 miles. On the fateful day and time, the informant was sitting at her door when Jogeshwar Dayal with his son Pappu had gone to nearby well to make measurement of the rope needed to draw water from well. When he was on his way back to his house at about 7 P.M. and reached near the door of Lala Ram accused, Shatrughan Singh armed with gun and Shankar Singh and Lala Ram armed with country-made pistols were sitting at the Chabutara of one of them, Lal a Ram, Shankar Singh shouted that it was opportune to avenge the murder of his father and he (Jageshwar) be done to death. Then Instantaneously Shatrughan Singh with the licenced gun of his father and Shankar Singh and Lala Ram with their country-made pistols fired shots on Jageshwar Dayal who fell down and succumbed to the injuries. Pappu-son of Jageshwar Dayal who was accompanying him at the relevant time rushed to his house. The incident had allegedly been seen by Virendra Kumar. Daya Shankar Brahamin and Sukhbir Brahmin. They challenged the accused persons but they managed to run towards the eastern side. The background was that about a couple of years before, Puttu Singh-father of the accused Shankar Singh, had been murdered for which Jageshwar Dayal was tried and convicted by the trial Court, but ultimately acquitted by the High Court. On the lodging of the F.I.R., a case was registered against the accused persons and investigation started with the reaching of the Investigating Officer at the spot. The dead body of the deceased was sent for post-mortem after completion of the formalities. It may be related here that post-mortem was conducted by P.W. 4 Dr R. C. Singh on 16-6-79 at 10.30 a.m. The deceased was aged about 46 years and about 11/2 day had passed since he died. The following ante-mortem injuries were found on the post-mortem : 1. Gunshot wound of entry on left wrist size 0.5 cm in diameter on outer side, lower part of wrist, rounded. 2. Gunshot wound of exit 3 cm in diameter on 3 cm above the left wrist joint with the fracture of left radius and ulna bones. 3. Gunshot wound of entry with blackening all around on back left side, size 2 cm in diameter, 3.75 medially from inferior angle of left shoulder blade, burst the left and right lung 2 cork pieces obtained from right lung. 4. 5 Gunshot wounds of exit size of each .5 cm in diameter situated 3 cm sternum in middle 1 cm apart each other one situated from 7.5 cm above and medially from left nipple, one passes from 1 cm below midline end of clavicle with fracture of 3rd and 4th ribs right and sternum. 5. Gunshot wound of entry on right gluteal fold size 2 cm in diameter oval in shape, blackening all around, fracture of right femur and right sternum bone. Two corks found and 3 pellets obtained from hip right and 2 pellets obtained from liver.

(3.) The death had occurred due to shock and haemorrhage resulting from gunshot wounds sustained by the deceased.