AJAB SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal filed by the accused-appellants from judgment and order dated 30th of March 1981 in Sessions Trial No. 260 of 1978 State v. Ajab Singh passed by II Additional Sessions Judge, Rampur convicting the accused-appellant Har Pal Singh under Sections 302 and 201 IPC and Section 323 read with Section 34 IPC and accused appellant Ram Pal Singh under Section 302 read with Sections 34 IPC and 201 IPC and Section 323 read with Section 34 IPC and sentencing each of them to imprisonment for life, five years' rigorous imprisonment and one year's rigorous imprisonment respectively thereunder.

(2.) Co-accused Ajab Singh who was also convicted under Sections 302 and 201 IPC and Section 323 read with Section 34 IPC and sentenced thereunder has been reported having died and his appeal stood abated vide order dated 24th of September 2003.

(3.) Brief facts giving rise to this appeal are that Ghulam Rasool and Pir Bux were servants of Mahabir Singh for the last 8-10 years; that on 30th of March, 1978 Mahabir Singh along with his servants Ghulam Rasool and Pir Bux had gone to village Saddiq Nagar to the house of his 'Sam' Har Pal Singh and reached there at about 12.00 noon. On reaching there Mahabir Singh told Har Pal Singh and his father Ajab Singh that he came there for taking 'Binds' and they should get the same supplied to him; that then Har Pal Singh went inside the house and on Coming back he told that he and his father were going to the market at village Kharsaul and hence he should stay there and they would do the needful next day. After sunset Ajab Singh and Har Pal Singh returned from the market and then all of them took dinner and after going to their bed Ajab Singh asked Mahabir Singh that because of him marriage of his son could not be materialized with his sister-in-law and it was not fair on his part. Next morning Mahabir Singh asked Har Pal Singh to get his work done and then Har Pal Singh told that he wanted to purchase a mare and for that they would go to village Lalla Tikar. Then Mahabir Singh asked his servant Pir Bux to go back home and Mahabir Singh along with Ajab Singh and Har Pal Singh went to village Lalla Tikar for seeing the mare and returned back in the afternoon. Then Mahabir Singh along with Ram Pal Singh, brother of Har Pal Singh, went in the dunlop bullock cart driven by Ghulam Rasool at the outskirts of village Jattpura. Ajab Singh and Har Pal Singh had already gone there on foot. At about 3 : 00 p.m. they reached at the outskirts of village Jattapura where Har Pal Singh and Ajab Singh met them. Then all of them started loading the "Binds" in the dunlop bullock cart, and in the meanwhile Ajab Singh left the place telling that he was going to bring some milk. At about 9:00 p.m. Ajab Singh returned back holding a gun and on reaching near the dunlop bullock cart he fired at Mahabir Singh who was sitting on the dunlop bullock cart and on receiving the gunshot injuries Mahabir Singh fell down. Immediately Har Pal Singh pulled out a countrymade pistol from his 'Phent' and fired at Mahabir Singh and Mahabir Singh succumbed to the fatal injuries sustained by him. Then all the three miscreants caught hold of Ghulam Rasool in order to kill him and inflicted injuries on him and then he entreated for his life and on the assurance given that he would not disclose that incident to anyone they made him sit on the dunlop bullock cart. After midnight they laid the dead body of Mahabir Singh on the dunlop bullock cart and proceeded on the road leading to Bilari; and on reaching the kuchcha way leading to Makrand Pur they made him alight from the dunlop bullock cart and then Har Pal Singh and Ajab Singh ignited fire to the 'Binds' on which dead body of Mahabir Singh was placed. In the meanwhile Ghulam Rasool rushed towards his village Chand Pur Ganesh and disclosed the entire incident to Saudan Singh, brother of the deceased. Then Ghulam Rasool went to police station Bilari and lodged an FIR of the said incident with the police there on 2nd of April 1978 at about 9.30 a.m. (Ext ka 1). The police registered a crime against the accused accordingly and made entry regarding registration of the crime in the general diary (Exts ka 4 and ka 5).