RISHI PAL Vs. STATE OF U P

JUDGEMENT

(1.) These two appeals have been filed by Rishipal, Sripal and Ratnoo against their convictions under sections 302/436 I.P.C. and under sections 302/436 I.P.C. read with section 34 I.P.C. respectively and their sentence to life imprisonment under section 302 I.P.C. and four years rigorous imprisonment under section 436 I.P.C. recorded by 6th Additional District Judge, Meerut vide judgment dated 8/9/1979.

(2.) The incident is said to have occurred on 17/11/1978 at about 1.00 A.M. in village Gaisoopur eleven and half miles from Police Station Kithore, District Meerut. The First Information Report lodged by Sulhar (P.W. 1) discloses the following prosecution story:

(3.) Sulhar, Chhidoo and Kallu Singh had taken the guave crop in the grove of Bhanwar Singh Sadhu for Rs. 700.00 and all these three persons lived in the same groves. Bhanwar Singh Sadhu was demanding half of the agreed price and these three persons had promised to pay the same within two or three days. One Nannoo son of Dan Singh of village Saupur was indebted to the society and the fields of Nannoo were to be auctioned in connect on with loan. Chhidoo was serving with Nannoo. Nannoo had asked Chhidoo to sell his land and to payoff the loan and in return Nannoo had promised to pay the sale proceeds of six big has of sugarcane crop as well as to sell his land in favour of Chhidoo. In consequence of this arrangement Chhidoo had sold four and a half bighas of land to Mulla Sekhwat and had paid Rs. 4,000/- to Nannoo. Chhidoo started demanding his money but Nannoo was not returning money but was avoiding the same. A Panchayat had also taken place and Nannoo had promised to pay back the money within eight days of Nahan. One day before this occurrence, Chhidoo had visited Nannoo for making another demand and then an altercation had taken place between Chhidoo on the one hand and Nannoo and his sons Rishipal and Sripal on the other hand, Rishipal and Sripal had also issued threats to Chhiddoo to kill him so that he may not make any further demands of the money. Chhiddoo had told about this altercations and threat to Sulhar and Kalloo Singh at about 8.00 p.m. on the previous evening. Then on the night between 16/17.11.1978 at about 1.00 A.M. Chhidoo was sleeping in the Madaiya of Bhanwar Singh Sadhu. Kalloo Singh was sleeping in a Chhappar in front of Madaiya. Complainant Sulher was chasing away bats. Appellants Rishipal and Sripal armed with country-made pistols and appellant Ratnoo armed with a knife came to the Madaiya of Bhanwar Singh Sadhu. Sulhar flashed his torch and challenged the culprits. Kalloo Singh also flashed his torch. Appellant and Rishipal also flashed his torch and saw Chhiddoo and Bhanwar Singh Sadhu. He challenged Chhidoo and said that now he would not be saved. The witnesses raised alarm. Chhiddoo folded his hands so that he may escape injury. Appellant Ratnoo instigated the other two appellants to kill the victim and then Rishipal and Sripal fired one shot each at Chhiddoo who was hit and fell down. Rishipal and Sripal then caught hold of Bhanwar Singh Sadhu and brought him outside and put their pistols on his chest and threatened that Bhanwar Singh Sadhu had to live in the same jungle and he should not disclose this incident to any body otherwise he would be killed. These two appellants also threatened Sulhar and Kalloo Singh. Appellant Sripal then said that the Madaiya should be set on fire. Rishipal closed the door of the Madaiya and then Sri pal from the eastern side and Ratnoo appellant from Western side set fire to the Madaiya. The roof of the Madaiya started burning. The three culprits are then said to have proceeded towards the road and were seen by the witness Siddh Raj who had come on hearing the alarm. After the culprits had left, the witnesses opened the door of the Madaiya and brought Chhiddoo outside the Madaiya Chhiddoo had died. Several villagers had also collected by that time. Due to fear the complainant could not come to the Police Station in the night. The First Information Report also mentions that when appellant Ratnoo was setting fire to the Madaiya, he had put his knife on the floor. The complainant is said to have brought that knife to the Police Station at the time of lodging the First Information Report.