RAGHUBIR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THE four appellants, namely, Raghubir Singh, Indrapal Singh, Laxman and Bachan Singh are real brothers being the sons of one Chandrabhan alias Khilari. They have preferred this appeal against judgment and order dated 22 -5 -1981 passed by Sri M.H. Khan, the then V Addl. Sessions Judge, Muzaffar Nagar in Sessions Trial No. 179 of 1980. All of them have been convicted under Section 302 I.P.C. read with Section 34 I.P.C. and Section 325 I.P.C. read with Section 34 I.P.C. The sentence of life imprisonment has been passed for the former offence and that of three years' rigorous imprisonment against each of them for the latter.

(2.) THE incident took place on 14 -5 -1980 at about 4 p.m. in village Bhabhisa, P.S. Kandhla, District Muzaffarnagar. The distance of the police station from the place of occurrence was about 3 miles. The F.I.R. was lodged the same day at 5.45 p.m. by Ajab Singh PW 1, brother of one of the deceased Ram Kishan. It was double murder and the other deceased was Ram Kishan's mother Mankaur. Smt. Saroj wife of younger brother of Ram Kishan sustained injuries including fracture in the incident. The parties resided in the same village Bhabhisa and the litigation was pending between the two sides when the incident took place. Admittedly, in 1978 Smt. Shitlo wife of accused Raghubir had filed a criminal case under Section 354 I.P.C. against Ram Kishan deceased, Ajab Singh PW 1 and others in which they were convicted. The accused persons allegedly bore grudge against Ram Kishan deceased on account of the incident of Section 354 I.P.C. In 1978 itself, Ram Kishan deceased had also filed a case under Sections 323/324 I.P.C. against Raghubir, Indrapal accused etc. On the fateful day and time, Ram Kishan deceased, his mother Mankaur and brother's wife Smt. Saroj were at their house. Ram Kishan set out of the house to engage some labourers from the village. When he reached near Dehleez of the accused, they, in furtherance of their common intention to kill him, attacked him with the lathis and fists. Ram Kishan raised alarm which attracted Smt. Saroj PW 2 and his mother Mankaur (deceased). Ajab Singh PW 1, at that time, was away at the brick -kiln in another village. When Mankaur and Saroj reached the spot, they saw that these accused persons were assaulting Ram Kishan on the Kharanja with lathis and fists and Ram Kishan was lying on the ground. Both the ladies tried to save him and they were also assaulted by the accused. On shouts, Malkhan Singh, Mahabir etc. also rushed up to the spot. The accused while assaulting Ram Kishan forcibly took him inside their Dehleez where also he was assaulted by them. Ultimately they closed the door of their Dehleez. In the meantime, the information of the incident was received by Ajab Singh. He came to his house and learnt about the matter from the ladies and witnesses. Ajab Singh then took the two ladies to P.S. Kandhla where he lodged the F.I.R. Ext. Ka -1. Mankaur, an old lady of about 70 years, was in precarious condition. Saroj was also injured.

(3.) THE investigation was entrusted to S.I. K.C. Tyagi PW 11. Soon after the arrival of two ladies at the police station, he recorded the statement of Mankaur while the F.I.R. was under preparation. Then he proceeded for the place of occurrence with Constable Atar Singh and Ompal Singh PW 8. All of them reached village Bhabhisa at about 6.30 p.m. where they learnt about the death of Ram Kishan. The Investigating Officer recorded the statement of Malkhan Singh PW 3 and Raghubir (not accused). Then he went into the Dehleez of the accused and found the dead body of Ram Kishan lying there. Two lathis (Exts. 1 and 2) with blood stains were found in the Dehleez of the accused which were taken in possession and sealed at the spot. He then took blood stained and plain earth from the place of occurrence. The site plan was prepared. The inquest report of Ram Kishan could not be prepared in the night which he prepared the next morning. After completing formalities, the dead body was sealed and sent for post -mortem through constables. The same day, the S.O. also reached the spot and went in search of the accused. At about 2.30 p.m. Raghubir, Indrapal Singh and Lachhman were arrested on the Rajbaha whereas the accused Bachan Singh was arrested on 16 -5 - 1980 at 7.30 a.m.