SUGHAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeal was initially filed by two appellants, namely, Sughar Singh and Nishan Singh. Nishan Singh died during the pendency of the present appeal and, as such, the appeal as for him stood abated leaving it surviving only for and on behalf of the present appellant-Sughar Singh. The appellant was convicted of offences under Section 302, I.P.C. and 27, Arms Act by the learned Xth Additional Sessions Judge, Etah in Session Trial No. 340 of 1981 by judgment dated 12.11.1982 and after being heard on the quantum of sentence, was directed to suffer rigorous imprisonment for life and for three years, respectively on the two counts the appellant had been found guilty of.

(2.) The written report Ext. Ka-2 of P.W. 3 Gaindalal who happened to be the uncle of deceased-Hem Singh was the basis on which the F.I.R. of the case was drawn up. It was stated in the written report that there had been some altercation between deceased Hem Singh and the present appellant-Sughar Singh in the afternoon on 25.8.1980 in the field regarding the trespass by animals. It is not stated as to whose animal had trespassed into whose field. However, it was stated that this appellant Sughar Singh came to his house in a huff so as to settle scores with the deceased. It is alleged that at about 3.30 p.m. on 25.8.1980 when the deceased Hem Singh was going towards his house from his cattle shade, this appellant Sughar Singh was sitting with his father, namely. Nishan Singh and no sooner had he seen the deceased coming, he ran inside his house to fetch the licenced gun of his father. Nishan Singh, the father of the appellant-Sughar Singh, is said to have remonstrated the present appellant that the deceased was to be shot dead and, as per allegation, this appellant is said to have fired a shot which hit the deceased Hem Singh and he fell down there at the place of occurrence.

(3.) The informant stated that the occurrence had been witnessed by his brother Dunger Singh, that's, the father of the deceased (not examined), P.W. 5 Narayan, P.W. 4 Natthu and his other co-villagers. The informant stated in his written report that he had left the injured Hem Singh at the place of occurrence and had come rushing to the police station with the written report for lodging a case.