BHAWANI SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This Criminal Appeal under Sec. 374 (2) Cr.P.C. has been filed by the appellants Bhawani Singh, Raksha Pal Singh, Ram Bahadur Singh and Sukhnandan Singh against the judgment and order dtd. 26/2/2002, passed by learned Additional Session Judge/1st F.T.C., Gonda in Session Trial No.642 of 1987 (State Vs. Bhawani Singh and others). By the impugned judgment and order, the learned trial court has convicted the appellant Sukhnandan Singh for the offence under Sec. 307 IPC and appellants Rakshpal Singh, Bhawani Singh and Ram Bahadur Singh for the offence under Sec. 307/34 IPC and have been sentenced to undergo Seven Years' Rigorous Imprisonment with a fine of Rs.2,000.00 each. In case of default of payment of fine, they had to further undergo one month's additional Rigorous Imprisonment.

(2.) At the very outset, it is worthwhile to mention here that during pendency of the appeal, appellant No.4-Sukhnandan Singh died on 29/3/2007, therefore, the appeal was abated on his behalf vide order dtd. 24/8/2021.

(3.) In brief, the case of the prosecution is that on 6/3/1987, the informant gave a written application (Ext. Ka-1) at Police Station Tarabganj, District Gonda to the effect that informant was the resident of Village Liloi Kalan Pure Chauhan and he runs the business of diesel in Ragadganj Bazar. The enmity relating to immovable properties is subsisting between the informant and Sukhnandan Singh and others since long back and the cases are also pending in the courts of law. On the date of incident, his relative Prithviraj Singh, resident of Mujed along with one Lal Mohammad came to his house, who stayed with the informant in night. After having dinner, the informant arranged their bed in the shop of Ram Chander Tiwari. The informant was also sleeping in the shop along with all the persons. At about 4.00 A.M., the informant, having heard the murmuring in the room situated behind the bed room, informant Prithvi Raj Singh and Lal Mohammad awoke. The informant having torch and lathi in his hands, went at the place where he heard the voice and had felt the activities. In order to enquire, he asked them "who are you". Simultaneously, he saw found that Sukhnandan Singh of his village was standing with gun in his hands, Rakshpal, Ram Bahadur Singh and Bhawani Singh were also present there having Kanta, Bhala (spear) and lathi in their hands, from a distance of 30 steps, they intended to come towards informant. Bhawani Singh also lit the torch and recognized him, Rakshpal Singh exhorted to kill informant. Thereafter, Sukhnandan Singh opened fire at him, which hit the left shoulder of the informant. The informant, raising alarm, started running to save his life. Having heard the voice of fire, police party also reached at the place of occurrence and exhorted. All the four accused persons fled away through the field of wheat. Frightened informant could not go to the police station to lodge his F.I.R. in night. After dawn, he reached to the Police Station and gave written application to lodge the F.I.R.