GORE SINGH Vs. STATE

JUDGEMENT

(1.) The present appeal questions the correctness of findings recorded by the VIII Additional Sessions Judge, Kanpur NMA dated 25.09.1982 recorded in Sessions Trial No.298 of 1981 by which the three appellants in the two connected appeals were held guilty of committing offence under Section 302/34 I.P.C. and each of them was directed to suffer rigorous imprisonment for life.

(2.) The prosecution case is based on written report Ex. Ka-1 of P.W.1, Rajesh Singh, who happened to be the son of deceased Raghuraj Singh. It was stated by him that while his father was coming from the old house to his newly constructed house, and in that course, when deceased Raghuraj Singh had reached near the house of certain Ambika Nai, the three appellants appeared there. Appellant Buchau @ Ram Kripal was armed with a DBBL gun while appellant Gora Singh was armed with a SBBL gun and the third appellant Jabbar Singh was having a barchhi in his hand. Both appellants Buchau and Gora Singh fired at the father of the informant, i.e., deceased Raghuraj Singh as a result of which he fell down on the ground where after appellant Jabbar Singh dealt a barchhi blow and his father died instantaneously there. The uncle of the informant, namely, Chandra Pal Singh (P.W.2) and others who were around the place of occurrence had seen the occurrence and had also seen the three appellants running away towards the fields.

(3.) The informant further stated that his uncle Murli Singh and cousin Hansraj Singh along with Surendra Singh were working in the field. One Gore Singh was also grazing his cattles near the field (khaliyan) of the informant. Surendra Singh came and informed the informant that appellant Buchau Singh armed with axe came there and at the remonstration of one Sukhdeo Singh to kill Murli Singh and Hansraj Singh, committed the murder of above noted two persons by firing at them as also by giving blows with barchhi. The informant stated that his brother Surendra Singh stated that he ran away to save his life and that the second part of the incident which had taken place in khalihan located amidst the fields was witnessed by Surendra Singh and Gore Singh. The informant stated that dead body of his father was lying in front of the darwaja of Ambika Nai and dead bodies of his uncle Murli Singh and Hansraj Singh were lying in the field.