STATE OF U P Vs. DHAN SINGH

JUDGEMENT

(1.) - This is an appeal by the State of V.P. against the acquittal of Bhan Singh and nine others recorded by III AddI. Sessions Judge, Muzaffarnagar on 7.9.1978 in Sessions Trial No. A 175 of 1977.

(2.) An incident took place on 23.10.1976. It is said that Jagat Singh, Bali Ram, informant, Gulzara, deceased Sukhdev and Chauhal Singh were sitting in the house of Jagat Singh and enjoying Hukka, Around 8.30 A.M. ten accused reached there. Dhan Singh and Ombir were armed with Bhalas, Anup and Chote armed with some and others were armed with lathis. Accused Dhan Singh and Nyadar asked Jagat Singh to compromise the earlier incidents in which Smt. Rajkali was injured which case was pending in the Court of Sessions. This was objected to by Gulzara deceased and said compromise was not possible. At this Dhan Singh and Nyadar exhorted to assault them. Atar Singh, Hriday a Ram (P.W. 8) and Bali Ram tried to intervene but failed. In the meantime Jagat Singh, Sukhdev and Gulzara also picked up lathis. Devendra, son of Jagat Singh also came out with a lathi from it side the house. Then Dhan Singh gave a spear injury to Gulzara. Ombir also gave a spear injury to him. Gulsara fell down and expired. Then respondent accused beat Devendra, Jagat Singh and Sukhdev and wielded lathis in self-defence. After beating them the accused went inside the house and beat Smt. Rajkali, wife of Jagat Singh also consequently in this incident Davendra, Jagat Singh, Smt. Rajkali and Sukhdev also received injuries. After all this assault accused ran away.

(3.) It is said P.W. 1 Bali Ram lodged a F.I.R. at the police station Budhana which was handed over at the police-station by Atar Singh. On the basis of it a Chik-report Ext. Ka 18 was prepare. A case was registered and P.W. 6, Bhanwar Singh Sub-Inspector who was present took up investigation. Bali Ram had in the meantime arranged for a truck and removed the victims to the District Hospital, Muzaffernagar. Bhanwar Singh completed Panchnama on the dead body of Gulzara and sent it for post mortem examination. Thereafter the statement of Baliram was recorded, spot inspection was made and the statement of Hridaya Ram, Ghanli Singh and Atar Singh were also recorded. Blood-stained earth, etc., were taken and necessary memoranda were prepared.