KAMAL SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been instituted against the judgment and order dtd. 2/9/1995 passed by the VI Additional Sessions Judge, Mathura in Sessions Trial No. 94 of 1992 (State vs. Ratan Singh and others) arising out of Case Crime No.138 of 1990, under Ss. 307 and 506 IPC Police station Farah, District Mathura. By the impugned judgment and order the trial court convicted appellant Kamal Singh under Sec. 307 IPC and sentenced him to three years rigorous imprisonment. He was acquitted of the charge under sec. 506 IPC.

(2.) The prosecution story in brief is that informant Shiv Singh s/o Than Singh r/o Mahuan, Police Station Farah submitted a written report dtd. 21/7/1990 in Police Station Farah, Mathura to the effect that he is a witness in the case relating to murder of Sohan Singh. On account of which residents of his village accused Ratan singh s/o Pyare, Kamal Singh and Bharat Singh both sons of Ratan Singh have enmity with him. They have threatened him that if he gives evidence against them, he will be killed. In the intervening night of 20/21/7/1990 at about 12:00 pm, on the terrace of Rohan Singh s/o Jyoti of his village, informant Shiv Singh was having conversation with Rohan Singh. The above-mentioned accused came on the terrace and threatened him that he should desist from giving evidence against them otherwise he will repent later on. Informant Shiv Singh told them that he will give evidence of the facts which he has seen. Hearing this, accused Ratan Singh exhorted his sons Kamal Singh and Bharat Singh to kill the informant by firing. On his exhortation, appellant Kamal Singh and Bharat Singh with the intention of causing death, fired two gun shots on the informant. The pellets from the bullet hit near the eyes of the informant Shiv Singh and on the chest of Rohan Singh. On alarm being raised by the informant and Rohan Singh, villagers Ram Hans s/o Netram, Soran s/o Nathiya, Man Singh s/o Ram Khiladi and Balram s/o Khachera reached at the place of occurrence. Accused ran away from the spot threating the informant that today his life has been spared but on some-other day they will kill him.

(3.) Informant, Shiv Singh submitted his written report (Exhibit Ka-1) on 21/7/1990 at 06:15 am at Police Station Farah by which Case Crime No.138 of 1990 was registered under Sec. 307 and 506 IPC. The chick FIR is Exhibit Ka-4.