STATE OF U P Vs. DARSHAN SINGH

JUDGEMENT

(1.) M. C. Jain, J. The State has preferred this appeal against the judgment and order dated 8-2-1980 passed by Sri V. S. Agrawal, the then IIIrd Additional Sessions Judge, Pilibhit in Sessions Trial No. 63 of 1979, acquitting the five respondents under Section 302 IPC read with Section 149 IPC. Out of the five respondents, Darshan Singh, Khajan Singh and Makkhan Singh, respondents No. 1, 3 and 4 respectively have died and the appeal has abated so far as they are concerned. There remain only two respondents No. 2 and 5, namely, Diwan Singh and Guru Datt Singh respectively. Respondent No. 2 Diwan Singh and deceased respondent No. 3 Khajan Singh, instead of Section 302 read with Section 149 IPC, were convicted under Section 307 IPC and each sentenced to rigorous imprisonment for four years. They were also held guilty for the offence under Section 201 IPC and convicted and sentenced to undergo two years' rigorous imprisonment thereunder. The two sentences were directed to run concurrently. The remaining three respondents Darshan Singh, Makkhan Singh and Gurudatt Singh were acquitted.

(2.) THE relevant facts may be stated shortly. THE deceased was one Baqar Singh. THE incident had allegedly occurred on 11-5-1978 at about 6. 30 p. m. within village Bhagwanpuri Ghat, Police Station Puranpur, District Pilibhit and the report was lodged by Pipal Singh a Jagir Singh P. W. 2 who was the son of the deceased on 11- 5-1978 at 9. 05 p. m. Eight months before the incident, the complainant's brother Kikar Singh was allegedly murdered by Darshan Singh, Diwan Singh, Makkhan Singh and some others. Of that incident the FIR had been lodged by Baqar Singh and prosecution was pending. THE accused respondents bore ill will against Baqar Singh on this account. On the fateful day and time, the victim was going to his field for bringing fodder on a buffalo cart. Smt. Yogendra Kaur, P. W. 3 (daughter's daughter of the deceased) was sitting on that cart. Pipal Singh @ Jagir Singh P. W. 2 and Kashmir Singh were following that cart on foot for helping Baqar Singh in fetching the fodder. When that cart reached within the limits of village Bhagwanpuri near the Jhala of Bagga Singh, all the respondents emerged from their hiding. Diwan Singh and Khajan Singh were armed with guns whereas Darshan Singh was armed with a chopper. Makkhan Singh and Guru Datt Singh were armed with swords. THEy surrounded the cart and on the command of Darshan Singh, Khajan Singh and Diwan Singh opened fire on Baqar Singh whereby he sustained injuries on chest and back. Baqar Singh fell down on the cart. Pipal Singh and Kashmir Singh challenged the respondents, but they proceeded towards them offering threats, brandishing their arms and aggressively remarking that anybody reaching near them would be killed. THE respondents then took away the cart alongwith the dead-body of Baqar Singh towards the forest area. Pipal Singh and Jogendra Kaur returned back to the village and informed Smt. Jiva Bai and Smt. Gurdeva Bai about the incident. THEn they went to the Police Station where the FIR was lodged and the case was registered.

(3.) THE cause of death was reported to be shock as a result of severe extensive burns.