COLLECTOR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THE above two appeals have been preferred by the appellants against the judgment and order dated 19 -2 -1981 passed by the 5th Additional Sessions Judge, Budaun in S.T. No. 206 of 1980 convicting the appellants Mahabir under Sections 148, 324 read with Section 149 and Section 302 read with 149 I.P.C. and appellants Ghalendu, Siyaram, Shishupal, Collector Singh and Chet Ram under Sections 147, 324 read with 149 and 302 read with 149 I.P.C. and sentencing the appellant Mahabir to undergo R.I. for a period of one year under Section 148 I.P.C., 9 months R.I. under Section 324 read with Section 149 I.P.C. and imprisonment for life under Section 302 read with 149 I.P.C. and sentencing other appellants to 9 months R.I. under Section 147 I.P.C., 9 months R.I. under Section 324 read with 149 I.P.C. and imprisonment for life under Section 302 read with 149 I.P.C. All the sentences were ordered to run concurrently.

(2.) THE prosecution story, briefly stated, is as under: Appellant Mahabir is the son of appellant Chet Ram, while appellant Ghalendu is nephew of appellant Chet Ram. Appellant Collector is brother -in -law (wife's brother) of appellant Chet Ram, appellant Siya Ram is son of Sadhu of Collector and appellant Shishupal is associate and friend of appellant Chet Ram. Appellants Chet Ram, Mahabir, Shishupal and Ghalendu are residents of village Sateti, P.S. Bilsi, District Badaun, appellant Siya Ram is resident of village Kudauli and appellant Collector is resident of village Keseruwa. Ahibaran Singh deceased (35) was a resident of Village Sateti. He was a teacher in primary school at Sherpur. His son Narsingh (P.W. 1) was student of class 12 in N.A. Inter College, Bilsi.

(3.) ON the after noon of 22 -12 -1979 Ahibaran Singh deceased had gone to Bilsi to withdraw his salary from District Co -operative Bank, Bilsi branch. Narsingh (P.W. 1) had also gone to Bilsi alongwith Ahibaran Singh deceased to appear in Half Yearly Examination at N.A. Inter College, Bilsi. Thereafter, Ahibaran Singh deceased and Narsingh (P.W. 1) were returning to their village Sateti. At about 5.00 p.m. when they reached in between fields of Rajpal Singh and Hari Babu near village Sateti, appellant Mahabir armed with spear, Chet Ram, Shishupal, Ghalendu, Siyaram and Collector armed with lathis emerged out from the bushes in the field of Rajpal Singh, Chet Ram exhorted to kill Ahibaran Singh deceased as he claimed himself a big litigant. On his exhortation all the appellants surrounded Ahibaran Singh deceased and Narsingh (P.W. 1) and started inflicting blows with their respective weapon on them. They raised alarm and on their alarm Mulayam Singh (P.W. 2), Hem Raj Singh (P.W. 3), Sohan Pal, Nempal and Udapal Singh rushed to the spot. On the challenge given by the above witnesses the appellants ran away. Ahibaran Singh deceased fell down and succumbed to his injuries. Thereafter, several persons of the village also came. Leaving the dead -body of Ahibaran Singh deceased on the spot under the watch of villagers Narsingh (P.W. 1) came to the police station, Bilsi in a bullock, cart, where he lodged oral report of the occurrence at 6.45 p.m. Chik F.I.R. (Ext. Ka -1) was prepared by the Head Constable Rajpal Singh (C.W. 1) who made an endorsement of the same at G.D. report (Ext. Ka - 18) and registered a case under Sections 147, 148 and 302 IPC against the appellants and sent injured Narsingh (P.W. 1) to Primary Health Centre, Bilsi where he was medically examined by Dr. Ram Chandra Joshi (P.W. 5), who found 4 lacerated wounds, one punctured wound, one abrasion and one traumatic swelling on different parts of his body and prepared injury report (Ext. Ka - 3).