SANTOSH AND ANOTHER Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Sri V.P. Srivastava, senior advocate assisted by Sri A.S. Chaturvedi, Sri Anil Srivastava and Sri G.S. Chauhan, learned counsel for the appellants. Sri N.K. Sharma, learned counsel for the complainant. Ms. Usha Kiran, learned A.G.A. and perused the record. Challenge in these criminal appeals arising out of S.T. No. 194 of 1998, State v. Mahendra Singh and others, is to the judgment and order dated 21,9.2005 passed by the Sessions Judge, Jhansi convicting and sentencing appellants Mahendra Singh, Rajendra Singh, Harish Chand, Laxmi Chand, Jai Hind Singh, Manvendra Singh, Santosh Singh and Lokendra Singh under Section 302, I.P.C. read with Section 149, I.P.C. for imprisonment of life and fine of Rs. 5,000. The judgment and order impugned further provides that in default of payment of fine the appellants have to further undergo R.I. for six months. They have also been sentenced to undergo R.I. for one year under Section 147, I.P.C. and also sentenced to undergo R.I. for one year each for the offence punishable under Section 323, I.P.C. read with Section 149, I.P.C. Appellants Mahendra Singh and Rajendra Singh have also been convicted and sentenced to undergo R.I. for two years for the offence under Section 148. I.P.C. All the sentences were ordered to run concurrently.

(2.) THE case of the prosecution in the trial court was that complainant Brijendra Singh resident of village Parsa, P.S. Tehrauli, District Jhansi made a written report to the S.O. Tehrauli on 11.12.1997 alleging that he along with his cousin brother Ravindra Singh (deceased) son of Om Prakash, Komal Singh son of Bhan Singh. Shambhu Dayal son of Radha Prasad. Laxman Singh son of Santosh Singh and Ayodhya Prasad son of Dwarika Prasad were returning from village Berbai, after attending 'Terahvi' (a feast given on thirteen days of death). When they reached in front of the house of accused Mahendra Singh at about 5.30 p.m. Mahendra Singh and Rajendra Singh both sons of Jagdish Chand, armed with guns along with Harish Chand, Laxmi Chand, both sons of Mahendra Singh, Jai Hind and Manvendra Singh both sons of Har Narain, Santosh Singh son of Daya Ram and Lokendra Singh son of Raghuraj Singh all armed with lathis came out of the house of Mahendra Singh. On exhortation given by Mahendra Singh and Rajendra Singh that none should be spared, the complainant and Rajendra Singh (since deceased) were beaten up by the accused persons with lathis. On hearing their cries and shouts the persons accompanying them challenged the assailants. The accused Mahendra Singh and Rajendra having guns fired with clear intention to kill them but missed. After firing with their country made pistols all the accused persons ran away towards mountain. Motive was also disclosed in the written report saying that this Incident was result of the fact that in March, 1997 Lokendra Singh and others had kidnapped the sister of Ravindra Singh, Smt. Bhuri and the accused persons were harbouring grudge against complainant Brijendra Singh as he had tried to help in the criminal case against the accused persons.

(3.) THE case was investigated by Sri Sikandar, S.O. of P.S. Tehrauli. After recording the statements of Ravindra Singh and Brijendra Singh at the police station, injured Ravindra Singh was sent to Medical College at Jhansi whereas Brijendra Singh was sent for medical examination/ treatment to Primary Health Centre, Gursarain. The Investigating Officer collected sample of blood stained and plain earth from the place of occurrence and prepared recovery memo. The Investigating Officer also prepared the site plan of the place of occurrence and recorded the statement of Head Constable Balwant, scribe of the chick F.I.R. and G.D.