UDAI VEER SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THE judgment impugned through this appeal is one dated 28th April, 1981 passed by Sri J.N. Tandon, the then IV Additional Sessions Judge, Agra in Sessions Trial No. 455 of 1980. The appellant Udai Veer Singh, Raghubir Singh and Balbir Singh (all sons of Babu Singh) and their father Babu Singh were tried in the said case. Babu Singh has since died during the pendency of the appeal. The appeal has abated respecting him under order dated 24 -3 -2004. The Court is presently concerned only with the remaining three. Udai Veer Singh has been convicted under Section 302 I.P.C. and sentenced to life imprisonment and the remaining accused under Section 302 read with Section 34 I.P.C. with similar sentence of life imprisonment. All of them have also been convicted under Section 342 read with Section 34 I.P.C. with sentence of rigorous imprisonment for one year. The sentences have been ordered to run concurrently.

(2.) THE relevant facts may be taken note of for proper appreciation. The incident occurred on 7 -5 -1980 at about 6.30 a.m. in village Sunamai, PS. Narkhi, District Agra and the FIR. was lodged the same day at 11 a.m. by Sukh Devi PW 2 (wife of the deceased Shafi Khan). The accused appellants suspected Shafi Khan to have set fire to the Khalihan of Kishan Veer Singh -nephew of Babu Singh in the night of 6 -5 -1980. They were further annoyed of him as he had refused to do manual labour at their command. In the morning of 7 -5 -1980 at about 6.30 a.m. Shafi Khan was sitting on a cot in front of his house with his little baby daughter. The accused appellants came there and asked him that he was summonned by Kishan Veer Singh and that he should accompany them to his Khalihan. Shafi Khan did not agree to accompany them. They then surrounded him and tied with a rope and forcibly took him to the Khalihan of Kishan Veer Singh in whose Khalihan the incident of fire had taken place the previous night. Shafi Khan's wife Smt. Sukh Devi PW 2 and his son Lal Mohammad PW 3 as also many other persons followed them to the Khalihan. On reaching the Khalihan, Bahu Singh asked Udai Veer Singh to bring the licensed gun. Ups brought the licensed gun of his father and Raghubir Singh brought another gun. The accused questioned Shafi Khan whether he had set fire to the Khalihan last night. Shafi Khan denied to have done so. Babu Singh then ordered firing. Udai Veer Singh fired from his gun which hit Shafi Khan on his chest and he fell down. Balbir Singh also opened fire with the gun that he had but the shot did not hit him who had fallen down at the first shot. Shafi Khan died at the spot. Munshi Khan PW 4, Sabira alias Saboo, Narendra, Harbans Kumar alias Hari, Ramesh and many others had also come there and witnessed the incident. After committing the crime, the accused ran away to their house. Smt. Sukh Devi PW 2 then got report scribed by the Pradhan of the village and sent it to the police station through Chaukidar Data Ram who lodged it at the police station at 11 a.m. on 7 -5 -1980. The case was registered and investigation was taken up by D.D. Dubey S.I. PW 7. Reaching the spot, he prepared inquest report of the dead body of the deceased. After necessary formalities, the dead body was sent for post mortem which was conducted by Dr. Raj Kishore Gupta PW 6 on 8 -5 -1980 at 1 p.m. The deceased was aged about 32 years and went to 1 -1/2 day had passed since he died. The following ante -mortem injuries were found on his person.

(3.) THE defence was of denial and of false implication due to enmity and party factions. Besides medical and formal evidence, including that related to the investigation, the prosecution case was based on the testimony of eyewitnesses Smt. Sukh Devi PW 2, Lal Mohammad PW 3 and Munshi Khan PW 4. The evidence having commended itself to the trial Judge, he convicted and sentenced the accused appellants as related in the opening part of the judgment.