SATYA PAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This. Criminal Appeal No. 335 of 1984 Under Section 374 Cr.P.C. has been filed by accused appellant (1) Satyapal Singh son of Ashey Ram (2) Ashey Ram son of Natthu Singh and Raje Ram son of Natthu Singh, all residents of village Sikara Nawada Police Station Kotwali Dehat District Bijnor against the Judgment and order dated 5.2.1982 passed by learned Session Judge, Bijnor, in session trial No 524 of 1980 state Versus Satyapal Singh and others whereby he has convicted the appellants Satyapal Singh Under Section 304 part II of the Indian Penal Code and accused Ashey Ram and Raje Ram Under section 304 part II read with section 34 of the Indian Penal Code and sentenced each of them to undergo rigorous imprisonment of 5 years.

(2.) The impugned Judgment and order dated 5.2.1982 has been challenged on the ground that besides being against the weight of evidence available on record and law the sentence awarded is too severe.

(3.) The deceased of this case is Chandra Pal Singh. Accused appellants Asey Ram is his real brother while accused appellant Rajey Ram is their step brother. Accused Satya Pal Singh is the son of accused Asey Ram. All of them resided in the same Haveli though in separate parts in the village Sikara Newada. However, their cultivation is separate having their plots adjoining to each other. The incident has taken place on 18.4.1980 at about 6.00 A.M. near their Gher in the aforesaid village Sikara Newada, Police station Kotwali Dehat district Bijnor. A day before Chandra Pal Singh hereinafter referred to ' the deceased ' drew his Buggi (cart) which was loaded with crops through vacant plot of accused persons. Accused protested the same resulting into exchange of hot abuses between them. On the aforesaid date and time of incident deceased was taking his buffalo to yoke it in his Buggi. Rajey Ram and Asey Ram raised objection and forbade him to take his Buggi through their vacant field and said that a day before he had taken his Buggi through their plot but this day they would not permit him to do that. Deceased asked them the way to take his Buggi to his own field to bring his crop by any other alternate way when there was no alternative. This led a exchange of abuses again. Rajey Ram and Asey Ram grappled with deceased. On exhortation made by Asey Ram his son Satya Pal gave a lathi blow on the head of the deceased causing lacerated wound at his skull. He fell on the ground and became unconscious. Chandra Pal Singh injured was then brought to District Hospital Bijnor. He was examined there. A lacerated wound 4 cm x cm into bone deep on skull, 13 cm from right eye brow was noticed and x-ray of skull was advised. Duration was fresh and the injury was kept under observation. Thereafter Smt. Kisan Dei lodged her oral report Ext. Ka.-3 under section 323/504 I.P.C. against all the aforesaid three accused at police station Kotwali Dehat on the day of incident at 4.45 P.M. the report was registered in the G.D. the copy of which has been proved as Ext. Ka.9. when she returned to the Hospital she found her husband dead. Death report material Ext. 1 was sent to the police station from the Hospital at 4.55 P.M. On its basis an entry was made in the G.D. of the police station at 5.45 P.M. about the death of Chandra Pal Singh. The copy of the G.D. is Ext. Ka.4.