RAJPAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Jain, J. The judgment impugned in this case is one dated 21-2-1991 passed by Sri Praduman Kumar, the then Special Judge (E. C. Act), Aligarh in S. T. No. 519 of 1989. Nine persons including the present five appellants faced trial in the trial Court. They were 1. Raj Pal Singh 2. Bhojraj alias Pappu, 3. Rishi Pal, 4. Jagan Nath, 5. Ashok Kumar 6. Ram Swarup, 7. Mihipal, 8. Maharaj and 9. Dharam Pal.

(2.) THE last four were acquitted by the trial Court whereas first five have been convicted under Section 302/149 IPC with sentence of life imprisonment accorded to them as well as under Section 307/149 IPC with a sentence of five years rigorous imprisonment passed against each of them. THEy have also been convicted under Section 148 IPC with sentence of two years' rigorous imprisonment. All the sentences have been ordered to run concurrently. All the five have preferred this appeal.

(3.) THE prosecution case, shortly stated, is thus: On the fateful day at about 6-6. 30 p. m. Amrit Pal Singh deceased along with Gajendra Pal Singh, Ramesh Pal Singh and Raksha Pal Singh was cleaning a drain on the crossing in the village nearby the house of Tursan Pal Singh because the marriage party of the daughter of Mahendra Pal Singh belonging to the family of Amrit Pal Singh was to arrive in the village the same day. At that time, all the nine accused (five appellants and other four who have been acquitted by the trial Court) appeared there with weapons as stated hereinabove. Four of them, namely, Ram Swarup, Mihi Pal, Maharaj and Dharma Pal (acquitted) were empty handed. On reaching near the drain all of them started hurling abuses on Amrit Pal Singh and his companions, questioning them angrily for cleaning the drain. THEy also uttered that as they were always making an issue of drain, the score would be settled then and there. THE explanation offered by Amrit Pal Singh that the drain was being cleaned for the convenient passage of the marriage party went unheeded to. Instantaneously, the accused Raj Pal Singh started firing from his D. B. B. L. gun while other four holding the country made pistol, namely, Bhojraj alias Pappu, Rishi Pal, Jagan Nath and Ashok Kumar started firing from their weapons. THE remaining four, namely, Ram Swarup, Mihi Pal, Maharaj and Dharam Pal who were empty handed went on the roof of Ram Swarup and started pelting brick-bats from the roof top Amrit Pal Singh and eight others named above received injuries. THE occurrence was also witnessed by Raghu Raj Singh, Jeet Pal Singh and others. THE accused ran away. Amrit Pal Singh and all other injured were taken to the hospital Hathras. However, on the way, Amrit Pal Singh succumbed to his injuries. From Hospital, Satendra Pal Singh P. W. 3 went to the Police Station Hathras Junction where he lodged the FIR. A case was registered and investigation followed. THE post-mortem over the dead-body of the deceased Amrit Pal Singh was conducted by Dr. S. R. P. Misra P. W. 9 on 2-7-1989 at 12. 12 p. m. He was 56 years of age. THE following ante-mortem injuries were found on his person: Multiple gunshot wounds of entry over neck, chest, abdomen, right thigh and right elbow front each measuring 1/2 cm x 1/2 cm, margins inverted. Right thigh upper-one Abdomen-ten, right shoulder-one, Chest-six, Right elbow front-three, Neck-two No blackening or tattooing. Two shots going deep in chest. Two shots going deep in abdomen. One found in abdominal wall. Eleven shots showing exit with same measurements in chest, abdomen and right elbow with everted margins.