FAUJDAR Vs. STATE OF U P

JUDGEMENT

(1.) This is an appeal from judgment and order dated 9th of June, 1981 passed by V Additional Sessions Judge, Etah in Sessions Trial No. 35 of 1981 State v. Faujdar Singh & another convicting the accused appellants under Section 302 IPC and sentencing each of them for imprisonment for life thereunder.

(2.) Brief facts giving rise to this appeal are that at about 9:15 a.m. on 8th of December, 1979 Chandra Pal lodged an FIR at police station Sidhpura District Etah alleging that during the night between 7th and 8th of December, 1979 he was staying at the house of his brother Siya Ram at Ram Nagar within the limits of police station Sidhpura District Etah as he had gone there to impress upon his brother Siya Ram that he should not transfer his landed property in favour of Shanti Devi wife of Faujdar Singh. Since Siya Ram had developed illicit intimacy with Shanti Devi he had purchased land measuring nine bighas in consideration of Rs. 18,000,00 in her name. During the fateful night Chandra Pal alongwith his cousin Babu Ram and sons Ram Kishore and Han Om and one Het Singh and Rajpal Singh were sitting in the . baithak of Siya Ram trying to convince him that keeping the interest of his brother and nephews in his mind he should not waste his property by transferring the same in the name of Shanti Devi. At that time a glowing lantern was kept there and one lantern was also hanging by the side of the wall in the verandah diffusing sufficient light. At about 10.00 p.m.. Faujdar Singh alongwith his son-in-law Abhilakh Singh armed with countrymade pistols reached there shouting that he had brought dishonour to his family and now they will see how he would not transfer his land evoking Siya Ram to open the door. And as Siya Ram opened the door Faujdar Singh fired a shot at him causing injuries to him. Immediately Siya Ram stepped forward to catch hold of Faujdar Singh and in the meanwhile Abhilakh Singh fired a shot at Siya Ram hitting him at his abdomen and sustaining the fatal injuries Siya Ram fell down at the chabutra of Babu Ram and then the miscreants took to their heels. Sustaining the fatal injuries Siya Ram died on the spot instantaneously. The police registered a crime against the accused accordingly on the basis of written report handed over by Chandra Pal at the police station (Ext.Ka 1) and made relevant entry in the general diary regarding thereto (Ext.ka 3 & ka 4).

(3.) SI Nain Singh Sharma to whom investigation of the crime was entrusted went at the scene of occurrence and drew inquest proceedings on the dead body of Siya Ram and prepared the inquest report (Ext. ka 5) and other necessary papers (Exts ka 6 to ka 8). Then he handed over the dead body in sealed cover alongwith necessary papers to the constables for being taken for its postmortem. He also inspected the site of occurrence and prepared its site plan map (Ext. ka 11). Then he collected blood-stained and simple earth, picked up pellets, wads etc. lying on the pot and sealed them in separate packets and prepared their memos (Exs. ka 9 & ka 10). The investigating officer also recorded statements of the witnesses and did other necessary things.