JASWANT SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Kamal Krishna learned Senior Advocate assisted by Sri Ramesh Kumar Shukla learned counsel for the appellants and learned A.G.A. for the State-respondents.

(2.) This appeal is directed against the judgment and order dtd. 29/2/2008 passed by the Additional Sessions Judge, Court no.6 Bijnor whereby two appellants herein namely Jaswant Singh and Resham Singh have been convic ted for the offence under Sec. 302 read with Sec. 34 IPC and sentenced for imprisonment for life and fine of Rs.15,000.00 each. The default punishment is one year rigorous imprisonment for each appellant. The appellant no.1-Jaswant Singh had died. Only surviving appellant Resham Singh is represented by the learned senior counsel.

(3.) The first information report of the incident occurred on 1/8/2006 at about 11.30 a.m was lodged by Charan Singh S/o Jagir Singh, husband of deceased Chhindra Pal Kaur on 1/8/2008, at about 8.30 p.m. The assertion in the written report given by Charan Singh (P.W-1) is that the first informant was four brothers. Out of whom, the eldest one Bagshish Singh was living in Punjab. The entire landed property (agricultural field) of the father of the first informant was given to his two elder brothers namely Jaswant Singh and Resham Singh. The first informant stated that he did not get any share in the property of his father and was doing Majduri (labour work) to feed his family. A dispute related to the landed property was going on between him and his two brothers Jaswant and Resham (the appellants herein). A case under Sec. 107/116 Cr.P.C was pending before the S.D.M., Dhampur. On account of the said dispute, his wife Chhindra Pal Kaur was burnt to death by pouring kerosene on her by the appellants at about 11.30 a.m on the fateful day. At that point of time, the first informant was out of his house as he went to bring fodder for his cattle. The deceased was admitted in the Government Hospital by the Gram Pradhan Sri Chatar Singh s/o Sri Aidal Singh and other villagers and died at about 4.00 p.m in the hospital. After getting information, the first informant also went to the hospital and brought home the dead body of his wife with the help of villagers. While keeping the body at his house, he went to lodge the first information report.