STATE OF U P Vs. SURAJ SINGH

JUDGEMENT

(1.) THE State has come up in appeal against the judgment of acquittal dated 3-9-1997 passed by Sri Sardar Akhtar, the then Addl. Sessions Judge / Special Judge (E.C. Act), Mainpuri in Sessions Trial No. 169 of 1993. The two accused - respondents - Suraj Singh and his wife Smt. Kapoori Devi were tried for an offence under S. 302, IPC read with S. 34, IPC for the murder of one Jagat Singh.

(2.) THE incident had taken place on 23-9-1992 at about 12.20 p.m. at the house of the deceased - Jagat Singh and the accused persons situated in village Chhibkaria, P.S. Bhongaon, District Mainpuri. The report was lodged on 23-9-1992 at 1.45 p.m. by the eye - witness Jaivir Singh PW 1 (nephew of the deceased). The accused - respondents are also close relatives of the deceased. Suraj Singh is son of Ram Sahai Yadav who was real brother of the father of the deceased. Suraj Singh was a Police Constable and was posted at Aligarh. He was in shadow duty of an Ex. M.L.A. On the day of incident, he was going from his house to join his duty. The deceased - Jagat Singh asked him to go after constructing the partition Mend of the agricultural plot. Suraj Singh abused him. His wife Kapoori Devi exhorted him to go after finishing him. Suraj Singh and his wife then ascended their roof. Suraj Singh fired two shots from his gun whereas his wife Kapoori Devi fired three shots from a revolver which hit Jagat Singh who died instantaneously. The incident was seen by Sant Saran examined as PW 2 as also by Dafedar Singh, Gajraj Singh, Atar Sri wife of Jagat Singh and other villagers. Consequent upon the registering of the case, the investigation was taken up by S.S.I. S. K. Dixit PW 5. The postmortem over the dead body of the deceased was conducted by Dr. D. S. Rathor PW 4 on 24-9-1992 at 1.45 p.m. The following ante - mortem injuries were found on his person who aged about 50 years : 1. Lacerated wound 0.8 cm. x 0.3 x muscle deep on front aspect of left ear pinna middle part. 2. Firearm wound 0.5 cm. x 0.3 cm x bone deep on right and front aspect of upper part of nose 1.00 cm. below root of nose, underlying nasal bone fractured. Margins charred.

(3.) TWO firearm wounds 0.5 cm. x 0.3 cm. x skin deep anterior outer aspect of right upper arm, placed 3 cm. apart, just above the right elbow. Margins charred. 5. Firearm wound of entry 0.4 cm. x 0.3 cm. x muscle deep on front of neck 2.5 cm. right to midline just above the clavicle. Margins inverted and charred. 6. Firearm wound of entry 0.3 x 0.3 x muscle deep on right side of neck 3.00 cm. away from injury No. 5 just 3.00 cm. above the clavicle. Margins charred and inverted. 7. Multiple firearm wounds of entry 0.4 cm. x 0.3 cm. x chest cavity deep to 0.4 cm. x 0.4 cm. x muscle deep in size in an area of 7.00 cm. x 6.00 cm. on front of chest midline on both sides in middle part of front chest. Margins charred and inverted. 8. Firearm wound of entry 0.4 cm. x 0.4 cm. x chest cavity deep on lower part front and outer aspect of right side of chest 11.00 cm. away from right nipple, at 7 O'clock position. Margins inverted and charred. 3. On internal examination, two metallic pieces were recovered from the soft tissues of the neck, two from left ventricle, one pellet from right chest cavity and one from abdomen cavity. The death had occurred due to shock and haemorrhage owing to ante - mortem injuries. 4. Apart from the medical and formal evidence including that of investigation, the prosecution relied upon the testimony of Jaivir Singh PW 1 and Sant Saran PW 2 as eyewitnesses.