RAM NIWAS SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Both these appeals arise out of one common judgment in sessions trial No. 242/1979, hence taken up together for hearing and judgment. The above appeals have been filed against the judgment and order dated 5-2-1981 passed by third Additional Sessions Judge, Fatehpur convicting the appellants Ram Niwas Singh, Shiv Karan Singh, Jai Karan Singh, Desh Raj Singh and Adru Singh for the offences under Sections 302 /149 Indian Penal Code and 364/149 Indian Penal Code and sentencing each one of them to undergo life imprisonment for each offence. The appellants have further been convicted for the offence under Section 307/149 I.P.C. and sentenced to Rigorous imprisonment for five years. Beside above, appellant Jai Karan Singh has been convicted for the offence under Section 147 Indian Penal Code and sentenced to undergo one year's rigorous imprisonment and appellants Shiv Karan Singh. Adru Singh, Ram Niwas Singh and Desh Raj Singh have been found guilty for the offence under Section 148 Indian Penal Code and sentenced to undergo two years' rigorous imprisonment.

(2.) The appellants and two others, namely, Ram Bahadur and Arjun Singh (died during trial) were challaned by Thariyawan police district Fatehpur for the offence which is said to have taken place at 7 P.M. on 4-8-1979 within village Hanswa, 7 miles away from police station Thariyawan. The story, which emerged from the written report and the evidence of prosecution, was that the accused hailing from one family were on inimical terms with complainant Brij Bhushan. The motive of the alleged crime, as set forth in the statement of Brij Bhushan Singh PW 3, was that 15-16 years prior to the occurrence, Moti Singh father of accused Arjun Singh was murdered. In the said murder case complainant Brij Bhushan Singh and his other family members were tried wherein complainant Brij Bhushan was sentenced to death and other accused were sentenced to life imprisonment. Later on, sentence of death was commuted to sentence of life imprisonment by Governor of Uttar Pradesh. Further, in the year 1977 Kapoor Singh cousin of complainant was murdered wherefor present accused appellants along with others were tried. The First Information Report in the case of murder of Kapoor Singh was lodged by the complainant of the present case. Brij Bhushan Singh and the deceased conducted Pairvi of the said case. In the background of this enmity, the accused appellants were allegedly in search of an opportunity to take revenge from the complainant and his family members.

(3.) It is alleged that on 4-8-1979 at 7 p.m. the complainant Brij Bhushan Singh and his wife Sarwan Devi, widow of Kapoor Singh Smt. Gaura PW 4, daughter of Kapoor Singh - Sukhada Devi PW 5 along with the complainant's real brother Shiv Bhushan Singh were sitting outside the house on the southern Chabutara. The deceased Brij Mohan Singh was going to ease himself and he had hardly covered 70-75 steps reaching near the manure pit when the appellants and two others emerged suddenly. Non-appellant Ram Bahadur Singh, appellants Shiv Karan Singh and Adru Singh were holding guns; Ram Niwas Singh had a country made pistol; non-appellant Arjun Singh and appellant Desh Raj Singh were having an axe each; the appellant Jai Karan Singh had a Lathi. When deceased Brij Mohan Singh was passing near the manure pit, non-appellant Ram Bahadur Singh exhorted other accused appellants who caught hold of him and took him to some unknown place. The deceased raised alarm for help. The complainant and his family members also shouted for help and rushed towards the appellants but nonappellant Ram Bahadur Singh fired at him, which though did not hit him but he and others were deterred from chasing the appellants. The complainant and his family members and other village people kept on searching the deceased for the whole night and next day on 5-8-1979 a report was lodged at Police Station Thariyawan at 2 p.m. The police made a search for the accused and also for the deceased and the headless dead body was ultimately found on 6-8-1979 lying in the Nala of village Michaki stuck in the bushes of some plants, hence it could not flow further. The investigating officer prepared the inquest report, site plan and sent the dead body for post mortem. After completing the investigation charge-sheet -was submitted against the accused and they were tried by the Court of Session resulting in the judgment and order mentioned above.