AMAN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant criminal appeal is directed against the judgment of conviction and order of sentence dtd. 18/10/1988 passed by the Special Judge, Lalitpur in Session Trial No.15 of 1980 (State Vs. Aman Singh, Hallu and Bhaiyan) and Session Trial No.23 of 1980 (State Vs. Kishora), convicting the accused persons under Sec. 302/149 I.P.C. and sentencing them to suffer imprisonment for life and further convicting the appellant Bhaiyan under Sec. 147 I.P.C. and sentencing him to undergo rigorous imprisonment for six months. Rest of the appellants namely Aman Singh, Hallu and Kishora have been convicted under Sec. 148 I.P.C. and sentenced to suffer rigorous imprisonment for a period of one year. All the sentences are to run concurrently.

(2.) The aforesaid two Sessions Trial Nos. 15 of 1980 and 23 of 1980 were connected by the trial judge as they have arisen from crime case no.53 of 1979, Police Station Saujana, District Lalitpur and the evidences against the accused in both the cases being the same, recorded in the leading Sessions trial No. 15 of 1980. The accused Karan Singh S/o Majboot Singh Thakur was separately tried as he was absconding in Sessions Trial No.47 of 1983 under Ss. 302, 147, 149 I.P.C., Police Station- Saujana, District Lalitpur. Factual Matrix

(3.) The prosecution case as emerged from the written information given by the first informant, Kashiram on 22/11/1979 in the Police Station- Saujna, District Lalitpur, the evidence on record both documentary and oral to state briefly as follows:- The first informant Kashiram alongwith his real brother Ramphal both S/o Motilal R/o Village Agodi, Police Station Saujna, District Lalitpur went to their agricultural field of 'jowar' to take care and protection of the crops. The first informant (Kashiram) handed over his licensed gun no.1516 of 12 bore with 25 cartridges to his brother ''Ramphal' and went himself into the field to cut grass. After cutting the grass at about 5:00 p.m. in the evening, when the day light was still existing, the first informant lift the bundle of grass and moved on the way to his house with his brother ''Ramphal' ahead of him. About ten paces away from their field on the way to their home, when they reached near the agricultural field of Baldu Lodhi, the accused persons Karan Singh S/o Majboot Singh Thakur armed with axe (kulhari), Amaan Singh S/o Majboot Singh Thakur armed with sickle (hasiya), Kishora S/o Kamatua Nai armed with axe (Kulhari), Hallu S/o Kamatua Nai armed with axe, all residents of Agodi Police Station Saujana, District Lalitpur with brother-in-law of Kishora namely ''Bhaiyan Nai' R/o Village Rangaon, Police Station Mandwara, District Lalitpur, came out from the crops of 'jowar' in aforesaid field of Baldu Lodhi. They caught hold the informant's brother Ramphal and tossed him on the earth. They inflicted blows of axe (Kulhari) and sickle (Hasiya) on him. Informant's brother Ramphal began to scream and the informant was also raising alarm for help, upon which Pooran, Pragi, Jagan, Sunnu, all residents of Village Agodi rushed to the spot, but after killing Ramphal, all the five assailants fled from the spot snatching the licensed gun, cartridges and the wrist watch from the hands of the deceased. When the witnesses began to gather near the spot of the incident, Kishora Nai made a fire from the licensed gun of the informant. The dead body of Ramphal (deceased), the informant's brother was lying in the agricultural field of Baldu Lodhi and some of the villagers stayed near the dead body. This written information dtd. 22/11/1979 was given by the informant in the police station Saujana at about 8:00 a.m. The first information report was lodged accordingly, on the basis of written information under Sec. 396 I.P.C. The distance of the spot of the incident from the Police Station Saujana is shown as about 13 k.m. in the F.I.R. towards south west from the police station. After registering the F.I.R., police reached at the spot of the incident and started the proceeding of inquest, prepared site map on the orientation of witnesses, collected the blood stained soil and plain earth soil from the spot of the incident, prepared memo thereof and sent the body for post-mortem. After getting the post mortem report, charge sheet was submitted before the court.