STATE OF U P Vs. VIR SAHAI SINGH

JUDGEMENT

(1.) The State of D.P. bas filed this appeal against the acquittal of Vir Sahai Singh, Chhabi Nath Singh, Raj Bahadur Singh and Phulwar Singh under Sections 302/34, 307 and 307/34 Indian Penal Code by the IV Additional Sessions Judge, Pilibhit by his judgment dated 1.10.1975 passed in Sessions Trial No. A-38 of 1975.

(2.) Vir Sahai Singh, Chhabinath Singh, Raj Bahadur Singh and Phulwar Singh respondents are the sons of Tursam Singh. All the respondents are residents of Village Ruria Churia. Girish Kumar (P. W. 4) is the son of Parmeshwari Dayal (P. W. 3) and Shiv Kumar deceased was also a son of Parmeshwari Dayal. All of them also resident in village Ruria Churia.

(3.) The case of the prosecution is that on 2.11.1974 at about 9 A.M. Vir Sahai Singh respondent caught the bullocks of Shiv Kumar deceased while they are going through his field and took them to his house. At about 1.30 P.M. on the same day the buffalos of Raj Bahadur Singh appellant entered the paddy field of Parmeshwari Dayal (P.W. 3) and damaged the crop. Parmeshwari Dayal (P.W. 3) and his sons Girish Kumar (P.W. 4) and Shiv Kumar deceased caught the buffalos and while they were taking them to the cattle-pound at Bilasanda and had reached the canal culvert to the north of village Ruria Churia, Jagvir Singh (P.W. 1), Sunder Lal (P.W. 2) and Jagtar Singh met them and told them that they should not take the buffalos to the cattle-pound and they would get the matter compounded. In the meantime all the four respondents came there. Phulwar Singh respondent was armed with a Lathi while the remaining respondents were armed with guns. Chhabinath Singh respondent pointed his gun towards Parmeshwari Dayal (P.W. 3) and his sons and threatened to shoot them. Sunder Lal (P.W. 2) and Jagvir Singh (P.W. 1) then caught the gun and told Chabbi Nath Singh respondent not to shoot but the gun was fired as a result of which gunshot injuries were caused to Vir Sahai Singh and Phulwar Singh respondents who were standing near Chhabinath Singh respondent. Vir Sahai Singh respondent then fired his gun causing injuries to Girish Kumar (P. W. 4) and Chhabi nath Singh respondent fired his gun causing injuries to Shiv Kumar deceased. All the three respondents who were armed with guns thereafter fired several shots at Shiv Kumar deceased which resulted in his death on the spot. The respondents then went away.