KRISHNA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) -These two connected Criminal Appeals Nos. 883 of 1980 and 1238 of 1980 are being decided by this common judgment. In Criminal Appeal No. 883 of 1980 the appellant is Krishna Singh whereas Parmatma Nand Singh, Mahatma Nand Singh, Bachcha Singh and Babban Singh are the appellants in connected Criminal Appeal No. 1238 of 1980. The judgment assailed is one dated 19th April, 1980 passed by Sri S. C. Jain the then Sessions Judge, Ballia in Sessions Trial No. 4 of 1980. All of them have been convicted under Section 302 read with Section 149, I.P.C. with sentence of life imprisonment, under Section 307 read with Section 149, I.P.C. with sentence of five years' rigorous imprisonment and under Section 148, I.P.C. with sentence of two years' rigorous imprisonment. All the sentences have been ordered to run concurrently.

(2.) ONE Bhanu Chand Singh was murdered in this incident and Haru Singh P.W. 3 received injuries. The incident occurred on 8.10.1979 at about 7.45 a.m. in Mohalla Satkuiyan of village Chitbaragaon, police station Narhi, district Ballia and the F.I.R. was lodged the same day at 9 a.m. by eye-witness Dinesh Chand Singh P.W. 1. The distance of the police station was about 7 Km. The broad essentials of the case may be set forth. The informant Dinesh Chand Singh P.W. 1, deceased Bhanu Chand Singh and Ramesh Singh were real brothers and resided in town area of Chitbaragaon. Bhanu Chand Singh was a lecturer in Ballia Polytechnic while Ramesh Singh, who was the youngest, studied at Lucknow. Their father was ailing for the last 4-5 years and Bhanu Chand Singh acted as karta and manager of the family. All the appellants belonged to one family being closely related. Bachcha Singh and Babban Singh were real brothers. Parmatma Nand Singh and Mahatma Nand Singh are also brothers being sons of Krishna Singh, but Mahatma Nand Singh had been adopted by Bal Krishan Singh-uncle of Krishna Singh, Rajesh, real brother of Bachcha Singh and Babban Singh had been murdered for which Bhanu Chand Singh deceased, Dinesh Chand Singh and Ramesh were being prosecuted. They had been released on bail sometime before the occurrence. Because of the murder of Rajesh, the accused-appellants were highly annoyed with the deceased and his brothers and were on a look out to take revenge. On 8.10.1979, at about 7.45 a.m., the deceased Bhanu Chand Singh accompanied by his brother Dinesh Chand Singh P.W. 1 started for railway station to go to Ballia. In the way, Dinesh Chand Singh P.W. 1 sat for urination near the house of Ram Janam Koeri while Bhanu Chand Singh proceeded ahead. Haru Singh P.W. 3 was also proceeding by that route along with cattle. Bhanu Chand Singh crossed him near the house of Nagina Koeri while Dinesh Chand Singh P.W. 1 further lagged behind. When Bhanu Chand Singh reached towards south west of the shop of Parashuram P.W. 7, the accused-appellants emerged from behind the shop where they were laying in wait. Parmatma Nand Singh, Mahatma Nand Singh and Babban Singh were armed with country made pistols while Sri Kishan Singh and Bachcha Singh had knives. Babban Singh caught hold of Bhanu Chand Singh while Sri Kishan Singh and Bachcha Singh assaulted him with knives. He raised an alarm and Haru Singh P.W. 3 rushed forward to his rescue, whereupon shots were fired in quick succession. Bhanu Chand Singh fell down and succumbed to his injuries in no time. Haru Singh P.W. 3 also received gunshot injuries. As a result of the alarm, the complainant Dinesh Chand Singh P.W. 1, Ram Janam, Ramayan Singh, Baijnath, Muni Singh and Triloki Singh appeared on the scene. The accused-appellants made their escape good towards river side. After a couple of minutes, constables from police outpost appeared on the scene. A cot was arranged and the dead body of Bhanu Chand Singh was placed thereon and covered with a piece of cloth. The dead body was left in the supervision of constables and other persons who had assembled. Dinesh Chand Singh P.W. 1 accompanied by the injured Haru Singh P.W. 3 went to the market, scribed the F.I.R. which he took to the police station in a taxi. The report was lodged there. A case was registered with the preparation of Chik Report by Head Constable Shiva Ji Singh P.W. 8. Haru Singh P.W. 3 was referred for medical examination. His injuries were examined by Dr. P. N. Singh P.W. 4 the same morning at 9.30 a.m. A gunshot injury was found on his left upper arm. He was referred to District Hospital, Ballia, where he was operated upon in due course and bullet was taken out from his wound by Dr. N. B. L. Srivastava, P.W. 9.

(3.) IN support of its case, the prosecution in all examined ten witnesses. Dinesh Chand Singh P.W. 1, Triloki Nath Singh P.W. 2 and Haru Singh injured P.W. 3 were witnesses of fact. Parashuram P.W. 7 was the person in front of whose shop the occurrence had taken place. He himself was not the eye-witness. Rest were the Doctors and formal witnesses including the INvestigating Officer.