RAJJU Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order of First Additional District and Sessions Judge, Farrukhabad, convicting and sentencing Rajju to imprisonment for life under Section 302 of I.P.C, and two years R.I, under Section 148 of I.P.C. The appellants Suresh Singh, Sher Bahadur Singh and Punjabi have been convicted and sentenced to suffer R.I. for five years' under Section 307 of I.P. C. and two years' R.I, under Section 148 of I.P.C. The appellants Jagvir Singh, Chhote Singh, Jagdish Singh, Muneshwar Singh, Mansha Ram and Bhimsen have been convicted and each of them sentenced to undergo R.I. for one year under Section 147 of I.P.C. The sentences of each appellants were directed to run concurrently.

(2.) In the first information report lodged at 2 p.m. on 5-7-1977 in P.S. Rajepur district Farrukhabad by P.W. 1 Vishwanath Singh it was alleged that there is a Sehan land in front of the house of Smt. Sheela Devi. Sheela Devi is wife of brother of reporter. Jagvir Singh appellant was trying to take possession of the said land. In this respect a panchayat was held on 1-7-77 which was summoned by Sheela Devi. Several persons had participated in the panchayat. In pursuance of agreement in this Panchayat Smt. Sheela Devi had got a Chabutara built in front of her house by throwing earth on it. At about 11 a.m. on 5-7-1977 Jagvir Singh, Chhote Singh, Jagdish Singh, Muneshwar Singh, Mansharam and Bhimsen armed with Lathi, Suresh Singh, Sher Bahadur and Panjabi armed with country made pistols and Rajju armed with gun arrived at the spot. Jagvir Singh exhorted his companion saying that he does not abide by the agreement made at the Panchayat and the Chabutara built by Smt. Sheela Devi be demolished. Consequently Muneshwar Singh, Jagdish Singh and Chhote Singh started demolishing the Chabutara with their spades. Smt. Sheela Devi objected to it, Smt. Sheela Devi raised alarm, Munni (niece of Vishwanath Singh) Chhutkannoo, Vitola, Vishwanath Singh, Sunder Singh, Ganga Singh, Shiv Ratan Singh, Malikhan Singh, Vidya Ram and Kalloo Singh arrived at the spot. These witnesses intervened and asked the appellant not to demolish the Chabutara and abide by the decision of Panchayat. The accused did not stop demolishing Chabutara and continued demolition. The witnesses and the family members of Sheela Devi objected again and said that Chabutara could not be demolished in the aforesaid manner. Consequently Jagvir Singh exhorted his companions to kill the persons assembled at the spot. Rajju opened fire from his gun which struck Munni. The witnesses took shelter behind the nearby constructions. Meanwhile Suresh Singh, Sher Bahadur and Panjabi had also opened fire from their weapons causing injury to Bitola and Chhutkannoo. Munni fell down at the spot and died. After the occurrence assailants ran away.

(3.) After the occurrence Vishwanath Singh dictated first information report to Ramratan and went to the police station. After lodging of the report at 2 p.m. same day the investigation was taken up by Bharat Lal Sharma PW 5 who interrogated Vishwanath Singh at the police station. He went to the place of occurrence and conducted the inquest proceedings. The dead body of Smt. Munni was sent to the mortuary for postmertem. Thereafter he made other investigations and submitted charge sheet against the appellants.