TEJ SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal by half a dozen appellants Tej Singh (A-1) his son Gajraj Singh (A-2), Baboo son of Liladhar (A-3), all residents of village Nagla Sapri, P.S. Patiyali, District Etah, Ram Singh (A-4) resident of village Garhiya, P.S. Patiyali, District Etah, Sukh Ram (A-5) and Jaggu (A-6), both residents of village Marahli, hamlet of Mokhampur, P.S. Patiyali, District Etah, is to their conviction and sentence order dated 25.10.1982 recorded by VIIIth Additional Session's Judge, Etah in S.T. No. 269 of 1981, State Vs. Tej Singh and others, relating to P.S. Patiyali, District Etah (vide crime no. 57 of 1981). By the impugned judgment, learned Trial Judge has convicted all the appellants under sections 148, 302/149 and 364 I.P.C. and has sentenced them to one year RI for the first charge, life imprisonment for the second charge and ten years RI for the last charge. Learned Trial Judge has further directed that all the sentences of the appellants shall run concurrently.

(2.) Prosecution story was unfolded through depositions of the informant Veer Bahadur, P.W. 1 during the Sessions Trial coupled with written FIR Ext. Ka-1 scribed by Hakim Singh, at informant's dictation. From perusal of both the aforesaid it emerges that one Dharmi was the resident of village Nagla Khubi Majra Sahori, P.S. Patiyali, District Etah. He had three sons Tej Singh, Kanhi and Munni. Tej Singh had two sons Veer Bahadur (informant/P.W.1) and Suraj Pal @ Siddh Gopal (deceased). Ram Chandra, P.W. 2 is the son of Munni. Appellants (A-1) and (A-2), father and son, along with (A-3) were all residents of village Nagla Sapri, P.S. Patiyali, District Etah. (A-4) was the resident of village Garhiya under the same police station whereas (A-5) and (A-6), both, were residents of village Marahli, hamlet of Mokhampur, under the same police circle. Six or seven months prior to the incident date, (A-1) had borrowed 6-7 mounds of wheat grain seeds, for sowing and as victual purposes from Suraj Pal @ Siddh Gopal (deceased) and had promised to return 1/4 quintal more. On 10.5.1980, four or five days before the incident, Suraj Pal @ Siddh Gopal (deceased) had gone to the village of (A-1) demanding back his wheat grains on which( A-1) had threatened him not to demand it in an aggressive posture otherwise, he will set him right and if he will still pursue his demand, he will shoot him down. This had resulted in a verbal tiradic altercation between the two in the presence of the informant.

(3.) Motivated by the aforesaid, in the intervening night between 14/15.5.1980, informant Veer Bahadur, deceased Suraj Pal @ Siddh Gopal and co villager Rama Nand, all lying on the heaps of their wheat crops in their granary were conversing amongst each other and with another co-villager Nek Singh who was irrigating his Moong lentil agricultural field south, adjacent to the granary at 5 or 6 paces. At about mid night at 1 p.m., accused Tej Singh, Gajraj Singh, Baboo, Ram Singh, Jaggu, Sukh Ram and Suraj Pal @ Siddh Gopal raided the granary. (A-1) and (A-6) were armed with guns, whereas rest had country made pistols. No sooner their arrival, informant deceased and the witnesses sprang up on their feet. Accused told them that they had arrived there to settle down the scores of wheat exchange between the deceased and (A-1). All the accused rounded up the informant and the deceased. Although witnesses forbade them to desist from their such an activity, but their requests fell flat on accused ears. After covering a distance of 2-3 furlongs towards east, accused asked the informant and the witnesses that if they want their welfare, they should return to their village otherwise they will also be given wheat grains and, in case, they will raise alarms, they will also be shot dead. On such a threat, informant and witnesses, except the deceased, returned back to their house and informed about the incident to the villagers and relatives. Because of night, none of the terrified witnesses and co-villagers could muster any courage to search for the deceased. Miscreants were identified Following day morning, informant, his brother Mahendra, Ram Veer, Anang Pal along with other villagers went in search of the deceased and after searching for the whole day, they discovered his dead body at 4 or 5 p.m. in village Nagla Amar Singh. Bloody froth had oozed out from the deceased's mouth and his cadaver had physical external injuries with a sliced wound on his neck. Legs of the deceased were towards south and the head was towards north. His ankles were tied with loin cloth (Tahmad) of the deceased, who was also wearing a baniyan and an underwear. Leaving the corpse of the deceased in the guard of co-villagers and watchman, informant Veer Bahadur, P.W. 1 dictated FIR Ext. Ka-1 to scribe Hakim Singh, about the incident and thereafter came to the police station Patiyali where he got the FIR registered as crime no. 57 of 1980 under sections 364, 302 I.P.C.