BHARAT SINGH Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Jain, J. Harnam Singh, Bharat Singh, Bharat Singh's son Awadh Bihari Singh and Ram Pal Singh were named as accused of case crime No. 42 of 1979, P. S. Derapur, District Kanpur. Out of them, Harnam Singh came to be murdered after the incident. The remaining three namely, Bharat Singh, Awadh Behari Singh son of Bharat Singh and Ram Pal Singh were chargesheeted and tried in Sessions Trial No. 141 of 1979 before the IV Additional Sessions Judge, Kanpur for committing the murder of one Jagdeo Singh at about 5. 30 P. M. on 13-3-1979 in the graveyard of one Mendhi Manihar in village Bachit Bhartu. They came to be convicted under Section 302 read with Section 34 I. P. C. . and each sentenced to life imprisonment by judgment dated 16-5-1981/19-5-1981. All these three preferred this appeal. Bharat Singh and Ram Pal Singh died during the pendency of the appeal. The appeal in respect of the former abated under order dated 5-4-2004 and in respect of the latter under order dated 28-4-2004. The Court, is, therefore, presently concerned only with Awadh Bihari Singh son of Bharat Singh.

(2.) THE relevant facts may be set out for appreciation of the discussion that has to follow. Of the incident in question, the F. I. R. was lodged the same day at 10 P. M. by Vishwanath Singh nephew of the deceased Jagdeo Singh. Accused Bharat Singh and some others had committed triple murder of one Mukut Singh, his wife - Chameli and daughter Raja Beti in 1977. THE deceased of the present crime, namely, Jagdeo Singh had appeared as prosecution witness in that triple murder case. Two persons, namely, Ghanshyam Singh and Babbu Singh were convicted and sentenced to death by the Sessions Court in that case on 8th March, 1979. That apart, litigation was going on between Harnam Singh and Smt. Bimla Kunwar in consolidation Court. THE deceased Jagdeo Singh was doing pairvi in that case from the side of Smt. Bimla Kunwar against Harnam Singh. This was the background of the present case.

(3.) MUSCLE deep burn on the front of left ring finger in the middle 6 cm x 1 cm. Blackening present on the margins.