HAR VANSH SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These are two connected criminal appeals, arising out of judgment and order dated 25-1-1978 of the II Additional Sessions Judge Bulandshahr, convicting appellant Sukhvir of the offence punishable under S. 302, IPC and appellants Harvansh and Narsingh Pal under S. 302 read with 34, IPC and sentencing each of them to imprisonment for life.

(2.) All the three appellants belong to the same family in so far as appellants Sukhvir and Narsingpal are sons of Harvansh. They are resident of village Dharpa Chuharpur within the jurisdiction of Police Station Khurja (Rural), District Bulandshahr. The deceased Rajvir was also a resident of the same village.

(3.) According to the prosecution version as contained in the First Information Report, Exhibit Ka 1, and the statements of eye witnesses, on 1-6-1977 at about 6-30 p.m. the deceased Rajvir, son of Tej Pal Singh went to the shop of appellant Sukhvir Singh situated in the Abadi of village Dharpa Chuharpur, to sell grain and purchase bidis. As Sukhvir offered a very low price of the grain delivered by the deceased, the latter objected to the inadequate price saying that Sukhvir was indulging in looting. This led to an altercation, in which both grappled with each other. Appellant Harvansh, who at that time was present on the chabutra nearby, exhorted Sukhvir to kill Rajvir. Appellant Narsingh Pal, who was sitting on a cot nearby, stood up and caught hold of Rajvir by his waist from behind. On seeing this the eye witnesses, Ranvir Singh (P.W. 2) Gajraj Singh (P.W. 3) and Surendra Pal Singh, who were present in front of the house of Surendra Pal nearby and smoking Hukka, rushed towards the scene of occurrence. Meanwhile appellant Sukhvir brought out a knife from his shop and before anyone could come to the rescue of Rajvir, gave a knife blow in his chest. In the meantime the witnesses reached there and while Ranvir caught hold of Sukhvir from the waist, Gajraj Singh caught his hand with the knife and Surendra Pal caught appellant Harvansh. Appellant Narsingh Pal, however, took to heels releasing Rajvir from his grip, who fell on the ground after striking against the cot and died. Hearing the noise informant Kanchhi Singh (P.W. 1), uncle of the deceased Rajvir, and a few other persons also came running to the scene of occurrence. The eye witnesses narrated to them the incident in detail and handed over Harvansh, Sukhvir and the knife to Kanchhi Singh, who got the two persons tied by rope with the help of the village people. A written report regarding this incident, Exhibit Ka 1, along with the two apprehended accused persons and the knife was taken to the Police Station and handed over to the Head Constable writer at 8-30 p.m. the same day by informant Kanchhi Singh. The usual investigation by the police followed, in which the investigating officer Ram Kumar Tyagi (P.W. 7) reached the spot prepared an inquest of the dead body of Rajvir Singh, sent it for post-mortem examination duly sealed with all relevant papers, collected the blood stained and unstained earth from the place of occurrence, prepared a site plan and also recorded the statement of witness.