MUNNA SINGH Vs. STATE

JUDGEMENT

(1.) Heard Sri Manvendra Singh, learned counsel for appellants and Shri G.P. Singh, learned A.G.A. for State.

(2.) The present Criminal Appeal has been preferred assailing the correctness of the judgment and order dtd. 30/6/1992 passed by IIIrd Additional Sessions Judge, Fatehpur in Sessions Trial No.490/1989 (State vs. Munna Singh and ors), arising out of Case Crime No.889 of 1989 under Ss. 147, 148, 323 and 302 IPC, Police Station Kishunpur, District Fatehpur, whereby appellant no.1, Munna Singh has been convicted and sentenced under Sec. 148 IPC to undergo imprisonment of one year's rigorous imprisonment and under Sec. 302 IPC to undergo life imprisonment. Accused persons/appellant nos.2 to 5 Ram Prasad, Ram Raj, Guljar and Mannu have also been convicted and sentenced under Sec. 147 IPC to undergo R.I. for six months each and they have further been convicted under Sec. 302 read with Sec. 149 IPC for life imprisonment. The appellant nos.2 to 5 have further been convicted and sentenced under Sec. 323 IPC read with Sec. 149 IPC to undergo six months R.I. each.

(3.) The prosecution case, in brief, is that the accused persons put an obstruction (bandha) on pathway, wherefrom, rainy water flew towards south in front of their house. On the date of occurrence i.e. 27/6/1989 at about 7 p.m., brother of informant Niranjan Singh, apprehending danger to his house, went to accused persons to complain on the said obstruction. It is alleged that accused Munna Singh armed with a tamancha (country made pistol) and other accused persons namely Ram Prasad, Ram Raj Singh, Mannu Singh and Guljar Singh armed with lathis (sticks) met Niranjan Singh over the road, where the obstruction was created. The appellant no.1 Munna Singh fired at Niranjan Singh and also challenged his associates to assault him. Consequently, Niranjan Singh sustained serious injuries and fell down on the ground. Other accused assaulted him with lathis. After hearing altercation and noise of the firearm, Smt. Deo Ratiya (mother of informant), Smt. Premvati (wife of Niranjan Singh), Ram Niranjan (informant), Sanware Singh and several other persons of the village, reached on the spot. Smt. Deo Ratia and Smt. Premvati lied down over the fallen Niranjan Singh to save him from further assault but the accused had also assaulted them by the lathies. No medical aid could be given to Niranjan Singh and he died on the spot. Ram Niranjan Singh came to the police station on 28/6/1989 at 08.05 a.m. and lodged written report, whereupon a Case under Ss. 147, 148, 149, 323, and 302 IPC was registered against the accused. The body of the deceased was sent for post-mortem examination conducted by Dr. Rakesh Kumar Mishra (PW-3) on 30/6/1989 and he noticed following injuries:-