MAN SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been directed against the judgment and order dated 13-11-1981 passed by V Additional Sessions Judge, Etawah in Sessions Trial No. 262 of 1981 convicting the appellants Man Singh, Virendra Bahadur Singh and Surendra Bahadur Sigh under Section 302, IPC and sentencing them to undergo imprisonment for life.

(2.) Appellants Virendra Bahadur Singh and Surendra Bahadur Singh are real brothers and residents of village Karwawatu. Appellant Man Singh is resident of village Turikpar. Nazim alias Phakkari deceased, his father Bhajan (P.W. 1) and wife Smt. Tar Chand (P.W. 2) were also residents of village Karwawatu, P.S. Auriaya, district Etawah. Prior to occurrence of this case, cousin brother of appellant Virendra Bahadur Singh was murdered and Nazim deceased was an accused in the said case. However, the above case ended in acquittal. On account of it, there was enmity between the parties.

(3.) Nazim deceased was carrying a cycle repair shop near culvert of Dudhiyakhera canal in village Karwawatu, at a distance of about 2 km. from Kasba Auraiya. On the morning of 6-3-1981 at about 10 a.m. Nazim alias Phakkari deceased was present at his above cycle repair shop. His father Bhajan (P.W. 1) was sitting on the culvert of canal. Smt. Tar Chand (P.W. 2), wife of the deceased had come to the above shop with the meal of the deceased and leaving the meal at the shop she was also sitting near Bhajan (P.W. 1) Appellants Virendra Bahadur Singh and Surendra Bahadur Singh armed with guns, appellants Man Singh armed with country made pistol and one Krishan Narain alias Krishna Gopal alias Chhutkaiya (acquitted by the Trial Court) armed with knife came to the shop of the deceased. Appellant Virendra Bahadur Singh exhorted and on his exhortation all the appellants Virendra Bahadur Singh, Surendra Bahadur Singh and Man Singh fired by their respective weapons on the deceased, due to which he fell down and died. Bhajan (P.W. 1), Smt. Tar Chand (P.W. 2), Sahjad, Umar Farooq and one another person of the village saw the occurrence.