NAR SINGH Vs. STATE

JUDGEMENT

(1.) THERE are two appellants, namely, Nar Singh and Shiv Raj Singh. They have been convicted under Section 302 IPC read with Section 34 IPC and sentenced to life imprisonment by judgment dated 23-12-1980 passed by Sri R. C. Gupta, the then II Additional Sessions Judge, Shahjahanpur in S. T. No. 629 of 1979. THERE was a third accused Jai Singh also who was tried with them, but he was acquitted.

(2.) ACCUSED appellant Nar Singh and the acquitted accused Jai Singh were said to be cousins and the other accused appellant Shiv Raj Singh was allegedly their relative as Mausera brother. All of them resided in village Pipraula, Police Station Kant, district Shahjahanpur. The deceased was Chhote Singh son of Hira Singh. The incident took place of 4-10-1979 at 9. 30 a. m. near culvert of Khajwa in village Pipraula, aforesaid. The FIR was lodged by Har Pal Singh PW 1 son of the deceased the same day at 11. 00 a. m. the distance of the Police Station from the place of occurrence was about six kms.

(3.) THE following ante-mortem injuries were found on the person of the deceased: (1) Incised wound of the size of 5 cm x 3 cm x bone deep over the left side of the forehead just above the left eye-brow. (2) Incised wound of the size of 3 cm x 2 cm x bone deep over the left side of forehead 2 cm above injury No. 1. (3) Contusion of the size of 5 cm x 3 cm on the middle of forehead. (4) Incised wound of the size of 1 cm x 1 cm x bone deep on the right side of forehead, 4 cm above the right eye-brow. (5) Contusion of the size of 6 cm x 3 cm over front of head, 4 cm above forehead. (6) Incised wound of the size of 3 cm x 1 cm x bone deep, 3 cm back of right ear. (7) Incised wound of the size of 6 cm x 2 cm x bone deep on the upper part of back of neck 1 cm behind injury No. 6. (8) Lacerated wound of the size of 2 cm x 1 cm x through and through on the right side of upper lip with fracture of upper jaw. (9) Lacerated wound of the size of 3 cm x 1 cm x bone deep on the top of head. (10) Contusion of the size of 10 cm x 8 cm over back of lower third of right hand. Both bones of the arm were fractured. (11) Incised wound of the size of 4 cm x 1 cm x through and through on the middle of the outer part of right ear. (12) Contusion of the size of 6 cm x 4 cm over the upper part of left forearm in front. (13) Lacerated wound of the size of 1 cm x 1 cm x bone deep on the upper part of left leg. (14) Contusion of the size of 3 cm x 3 cm on the right side of cheek. (15) Contusion of the size of 10 cm x 4 cm on the left side of chest with fracture of 4th to 8th ribs.