UDAI PAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment and order dated 31/7/1981 passed by Shri N.C. Jam, the then VI Additional Sessions Judge, Bareilly in Sessions Trial No. 427/79 whereby he has convicted the appellants Udaipal Singh, Nihal Singh, Sitaram Sitey and Bharat under Sections 148 IPC and Section 302 read with Section 149 IPC and sentenced them to undergo three years R.I. for the former offence and life imprisonment for the latter. Accused appellants Sunder Singh and Kashiram were convicted under Sections 147 IPC and Section 302 read with Section 149 IPC and sentenced to undergo two years R.I. and life imprisonment respectively. Both the sentences of all the accused were ordered to run concurrently.

(2.) The relevant facts were these: On 4/6/1979 at 9 a.m. in village Ram Nagar, P.S. Aonla, Jaipal Singh deceased along with Mukut Singh and Vikram Singh, went to wheat purchasing centre situate in that village to sell wheat. The wheat could not be weighed because weighing of wheat was closed at that time at the centre. The aforesaid persons left their wheat at the centre and proceeded towards the Jam temple situate in that village. It was just then that the accused Udaipal Singh armed with a single barrel gun, Nihal singh and Sitaram alias Sitey armed with single barrel gun and Tamancha respectively, Kashi Ram armed with a Lathi, Bharat accused armed with a half gun and Sundar Singh came towards them from the side of the village, shouting and abusing. The accused Sunder Singh exhorted the other accused accompanying him to kill the complainant Vikram Singh and his party consisting of Jai Pal Singh and Mukut Singh. The accused Kashi Ram asked his son Udaipal Singh to kill all these persons and not to spare anybody, if he was born from him. The accused Udaipal Singh, Nihal Singh, Sitaram and Bharat with their firearms fired shots on the complainant and his companions. The shots of the firearms struck only Jaipal Singh deceased and he fell down on the ground dead. The other persons who were accompanying the deceased Jaipal Singh, namely, Vikram and Mukut Singh fled away towards the wheat purchasing center to save their lives. P.W.1 Vikram Singh sent the F.I.R. at Police Station Aonla, District Bareilly situate at a distance of 15 kms. from the place of occurrence through Gyan Singh on the same day at 11.15 A.M.

(3.) The prosecution came with a motive of this murder. This motive was disclosed in the F.I.R. Ex. Ka-1, lodged by the complainant Vikram Singh P.W.1. In this F.I.R., it was mentioned that four years prior to this occurrence a village Bazar used to be held in village Ram Nagar in the name of Kashi Ram accused in which Vikram Singh P.W.1 along with Jaipal Singh, Saudan Singh and Shri Ram were also partners. Out of the aforesaid persons, Saudan Singh and Shri Ram were also cosharers in the Khata along with Kashi Ram in the plots where the Bazar was held. The accused Kashi Ram in order to avoid payment of share of the income of the Bazar to the co-sharers, shifted the market to his other plots, Jaipal Singh deceased and Vikram Singh complainant started their separate Bazar in partnership in their joint grove. According to the F.I.R., this action of the parties sowed the seed of discord and a riot took place leading to the registration of a case under Sections 147, 148, 452 and 307 IPC against Udaipal Singh and others at the instance of the complainant and his party. Subsequently proceedings under Sections 107/116 Cr.P.C. were also initiated and the S.D.M., Aonla on 1-5-1979 prohibited the holding of any Bazar by promulgating an order under Section 144 Cr.P.C. in the Village Ram Nagar. This order was stayed by the High Court at the instance of Udaipal Singh accused and he again started his Bazar. This was said to be a reason due to which Udaipal Singh and others entertained enmity against the complainant and his family members as well as Jaipal Singh deceased.