SIDH SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) THE appellant Sidh Singh has preferred this appeal against judgment and order dated 23-4-1981 passed by Sri Bhagwan Din, the then IV Additional Sessions Judge, Hamirpur in S.T. No. 240 of 1979 convicting him under Section 325 I.P.C. and sentencing to two years' rigorous imprisonment.

(2.) THE incident took place on 3-4-1979 at about 7 p.m. in Village Fatehpura, Police Station Charkhari, District Hamirpur and the report was lodged the same day at 9.30 p.m. at the concerned police station, the distance of which was three miles from the scene of occurrence. The informant was Shiv Charan P.W. 1. There were said to be two other assailants, namely, Narain Singh and Bhattu who have been acquitted by the trial Court. They were allegedly armed with lathis whereas the present appellant was armed with a gun. 3 or 4 days before the incident Bhattu had beaten up Basoran of the village. Shiv Charan-complainant rebuked Bhattu in this behalf and told him that he would not take his side as he had unnecessarily beaten up Basoran. Bhattu took ill of it and complained to the present appellant Sidh Singh whose land he had taken on Batai. Sidh Singh espoused the cause of Bhattu. At about 7 p.m., on the fateful day, Shiv Narain Singh was standing at his door when Sidh Singh armed with gun, his brother Narain Singh armed with lathi and Bhattu armed with lathi started hurling abuses on Shiv Charan, questioning him as to why he was not on the side of one of them Bhattu. He was also threatened to be shot down if he dared to defy their command. Kashi Prasad, Chaturai, Lakhan Singh and other persons of the village were present at that time. Shiv Charan retorted that he would not take side of a bad man like Bhattu. With an intention to kill him, Sidh Singh opened fire, by which Shiv Charan was hit and fell down. The accused/appellant fired another shot to scare away the witnesses. Sidh Singh and his other companions ran away.

(3.) THE defence was of denial and of false implication due to enmity.