KARAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) VISHNU Sahai, J. Three persons namely Karan Singh, Kunwar Bahadur Singh and Phool Singh were charged by the Additional Sessions Judge, Hamirpur (in Sessions Trial No. 90 of 1999) for offences punishable under Sections 302/34, 324 and 504 IPC. In addition, Karan Singh was charged (in Sessions Trial No. 165 of 1999) for the offence punishable under Section 25 of the Arms Act. Both Sessions trials were disposed off by the learned trial Judge vide judgment and order dated 28-4-2003. By the said order the learned Judge convicted and sentenced Karan Singh, Kunwar Bahadur Singh and Phool Singh in the manner stated hereinafter :- (i) Under Section 302/ 34 I. P. C. to death, and (ii) Under Section 324/34 I. P. C. to one year's R. I. It is pertinent to mention that learned Judge acquitted Karan Singh, Kunwar Bahadur Singh and Phool Singh for the offence punishable under Section 504 I. P. C. and Karan Singh for that offence punishable under Section 25 of the Arms Act.

(2.) CRIMINAL Appeal No. 2078 of 2003 has been preferred by Karan Singh, Kunwar Bahadur Singh and Phool Singh against the aforesaid convictions and sentences. Capital Sentence Reference No. 10 of 2003 arises out of the reference made by learned trial Judge to this Court under Section 366 (1) Cr. P. C. for confirmation of death sentence of Karan Singh, Kunwar Bahadur Singh and Phool Singh.

(3.) THE evidence of Head Constable Man Singh P. W. 3 shows : On 12- 4-1999, he was posted at police station Muskhara. On the said date, at 10. 10 p. m. informant Ramesh Kumar P. W. 1 alongwith injured Mohd. Idris P. W. 2 came to the police station and the informant lodged his F. I. R. , on the basis of which, he registered a case under Section 302/504, I. P. C. (vide crime No. 97 of 1999) against Kunwar Bahadur Singh, Karan Singh and Phool Singh. He also prepared chik F. I. R. It is pertinent to mention that a perusal of the chik F. I. R. shows that the distance between the place of incident and police station Muskhara was four furlongs. THE evidence of Head Constable Man Singh further shows that he sent injured Mohd. Idris with home- guard Murlidhar for medical examination, to P. H. C. Muskhara.