SHRILAL Vs. STATE OF U P

JUDGEMENT

(1.) On consideration of all relevant and important aspects, we find ourselves in agreement with the finding of guilt recorded by the learned trial judge against the two accused appellants. Resultantly, we subscribe to the view taken by the trial judge and find no merit in these two appeals. The appellants have rightly been convicted under Section 302 I.P.C. read with section 34 I.P.C. for the murder of Bachchu Singh with sentence of life imprisonment awarded to each of them. 16.12.1980 passed by Sri Bhanwar Singh, the then VIII Additional Sessions Judge, Agra in Sessions Trial No.359 of 1980. The appellant in Criminal Appeal No.2912 of 1980 is Shrilal whereas Amar Singh is the appellant in Criminal Appeal No.2952 of 1980. Both of them have been convicted under Section 302 I.P.C. read with Section 34 I.P.C. and sentenced to life imprisonment. Both of them were allegedly armed with knives and committed the murder of Bachchu Singh between the night of 4/5.4.1980 at about 1 O' clock near the brick-kiln of Durga Prasad in village Khera Pangai, P.S. Tajganj, District Agra. The report was lodged on 5.4.1980 at 8.15 A.M. by Shiv Singh PW 3. The distance of the police station from the place of occurrence was about 5 kms.

(2.) Broad spectrum of the case may be set forth for the appreciation of the subsequent discussion. Bachchu Singh deceased and Veerpal were the nephews of informant Shiv Singh PW 3. On 4.4.1980 at about 10 A.M., they had gone to see a fair in village Semari Tal. In the fair at about 1 P.M., the two accused appellants teased Km. Malti Devi PW 1- sister of Bachchu Singh and Veerpal. Km. Malti Devi complained of it to her brothers Bachchu Singh and Veerpal who were annoyed on hearing about her teasing by the accused appellants. They gave a beating to them and insulted them for such mis-behaviour. This occurrence was witnessed by Udal, Nanhey PW 4 and Udaibir Singh PW 8. They pacified Bachchu Singh and Veerpal and rescued the accused persons from their clutches. After this incident, the accused persons went away issuing a threat that they would kill Bachchu Singh and Veerpal by the same night to take revenge of their insult. Bachchu Singh and Veerpal with their sister Km. Malti Devi also returned home from the fair after this incident.

(3.) Again, Bachchu Singh accompanied by some other boys of the village, went to the fair in the night at about 9 P.M. to hear the HOLI (songs chanted by the villagers in the fair). After hearing HOLI songs, Bachchu Singh set out for his village at about 2 A.M. in the night. When he reached near the brickkiln of Durga Prasad, the two accused persons with their other two companions who were putting on red shirts accosted Bachchu Singh and killed him with knives and Kachcha half bricks. Bachchu Singh raised hue and cry. His shrieks attracted the witnesses Dal Chand, Niranjan Singh PW 6 and Darab Singh PW 7 who were going in the night to hear the HOLI songs in the Fair. They challenged the assailants viz., the present two appellants and their two unknown companions. Before they would come nearer to the place of occurrence, the assailants finished their job in the sight of the said witnesses and escaped towards the west of the place of occurrence. The witnesses saw the assailants killing the deceased in the torch light as each of them had a torch with him. Amongst the four assailants, present two appellants were very well identified by the witnesses, while the remaining two remained unidentified. When the witnesses reached near Bachchu Singh, he was groaning and crying of pain and within a second he breathed his last. Dal Chand informed the family members of Bachchu Singh. On receiving information, the family members of the deceased reached at the site of occurrence and saw Bachchu Singh lying dead in a pool of blood. Due to fear, no body dared to go to the police station in the night to report about the incident. In the morning, three constables, who were on duty in fair, reached at the site and guarded the dead body. Leaving the dead body to be guarded by them and the family members of the deceased and some villagers who had collected their, Shiv Singh PW 3 reached the police station and lodged the F.I.R. at 6.15 A.M., as stated earlier. The investigation was taken up by S.I. Ram Niwas Mishra PW 13. He reached the spot, prepared the inquest report of the dead body of the deceased and busied himself with other activities related to the investigation of the case. The dead body was sent for post mortem which was conducted on 6.4.1980 at 3 P.M. by Dr K.P.Singh PW 5. The deceased was 18 years of age and about 1 days had passed since he died. The following ante mortem injuries were found on his person: