BHUPENDRA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) There are three appellants, namely, Bhupendra. Devendra Singh and Ajai Kumar. The appeal challenges the judgement and order dated 10-12-1996 passed by Sri K. K. Tyagi, the then VII Additional Sessions Judge, Bulandshahr in S. T. 369 of 1994. All of them have been convicted under Section 302, I.P.C. read with Section 34, I.P.C. and sentenced to life imprisonment with a fine of Rs. 5,000.00 . In default of payment of fine, each of them has to undergo a further rigorous imprisonment for one year, 2/3rd of the fine, if realised, has been ordered to be paid to the widow of the deceased Surendra Singh. The appellants Devendra Singh and Ajai Kumar are real brothers being sons of Tarif Singh whereas appellant Bhupendra is their cousin brother. Two persons, namely, Vijai Pal Singh and Surendra were murdered in the incident. Two others, namely, Tarif Singh and Prem Singh were also tried for the said offence under Section 120-B, I.P.C., but they were acquitted.

(2.) The brief resume of the prosecution case is necessary to appreciate the discussion that has to follow. Tarif Singh's son had earlier been murdered in which Asendra son of Vijai Pal Singh deceased and Praveen son of Kamal Singh were accused. They were in jail and two deceased Vijai Pal Singh and Surendra were doing pairvi to get them released on bail. This was the background of the present incident. This incident took place on 20-10-1993 at about 6.45 a.m. in village Saidpura, Police Station Aurangabad, District Bulandshahr and the report of the incident was lodged the same day at 10.45 a.m. by Chandra Pal Singh P.W. 1 (eye-witnesses). The distance of the police station from the place of occurrence was about five kilometers. On the fateful day and time, the informant, his cousin brother Vijai Pal Singh and Balbir Singh were going from village to Bulandshahr in connection with a case of consolidation proceedings. At about 6.45 a.m., they reached on the pavement (Kharanja) near the field of Ranjeet Singh. The appellants Devendra Singh armed with country-made pistol, Ajai Kumar armed with country-made pistol and Bhupendra armed with Gadasa along with one another armed with country-made pistol came out of the grove of Sukhbir and pounced upon Vijai Pal Singh. The three armed with country-made pistols opened a volley of shots and as soon as Vijai Pal Singh fell down, Bhupendra struck a number of Gadasa blows on him. They also ran to nab Chandra Pal Singh P. W. 1 and Balbir Singh P.W. 3 who took to their heels towards the village to save themselves.

(3.) Surendra (real brother of Chandra Pal Singh P.W. 1) was standing near his house. The appellants came chasing. As Vijai Pal and Balbir Singh had taken shelter in Gher of Prem Singh son of Ram Chandra by the side of the house of Deshraj, the appellants rushed up for the blood of Surendra. To save his life, Surendra ran up and scaling the wall reached the house of Gajendra Singh. He wanted to shut the door but was reached by the appellants who dragged him out and opened shots on him in the Gher of Gajendra Singh, Surendra died. The incident was witnessed by Vimla P.W. 2 (wife of Surendra), Vijai Pal's daughter Kavita, Chandrawati, etc. It was in this way that the murder of two persons, namely, Vijai Pal Singh and Surendra was committed in which Prem Singh and Tarif Singh were said to be in criminal conspiracy. Chandra Pal Singh reached the police station with the F.I.R. after getting it scribed by Godha Ram's nephew. Earlier to his reaching the police station, one Kale had passed on skeleton information by telephone and police had left for the spot. The investigation was taken up by S. O. Naresh Chandra Varma. Panchayatnamas, etc. had been prepared by Ramesh Chandra Sharma S. S. I. P. W. 9.