DARSHAN SINGH Vs. STATE

JUDGEMENT

(1.) M. Chaudhary, J. This is an appeal filed by the accused appellants from judgment and order dated 17th of February 1981 passed by IV Additional Sessions Judge Pilibhit in Sessions Trial No. 162 of 1980, State v. Darshan Singh & others, convicting accused appellants Darshan Singh, Pal Singh alias Richpal Singh, Baba Singh and Suchcha Singh under Section 302 read with Section 34 IPC and sentencing each of them to imprisonment for life thereunder and accused Surta Singh under Section 201 IPC and sentencing him to four years' rigorous imprisonment thereunder.

(2.) CO-accused Suchcha Singh was reported having died and hence appeal preferred by him or on his behalf stood abated. Brief facts giving rise to this appeal are that at 12. 30 noon on 17th of November 1979 Gur Dayal Singh lodged an FIR at police station Madho Tanda District Pilibhit situated at a distance of about 15 Kms from village Paurkhas alleging that criminal litigation was going on between his father Baba Singh on the one hand and Hajara Singh father of Darshan Singh on the other and on that very account Hajara Singh and his relations were inimical to them; that at about 9. 30 a. m. on 17th of November, 1979 Gur Dayal Singh and his father Baba Singh went to see their harvested paddy crop lying in their field and saw that Darshan Singh and his brother Pal Singh were diverting the flow of water from the canal distributory with shovels towards their field in order to damage their paddy crop lying there; that then Baba Singh asked them as to why they were diverting the water towards his field and immediately both of them started abusing him shouting that he should be done to death; that in the meanwhile Surta Singh and Baba Singh sons of Kesar Singh who were cousins of Darshan Singh armed with lathis reached there and all the four started giving shovel and lathi blows to Baba Singh; that on hearing the hue and cry raised by Gur Dayal Singh and his father Baba Singh Smt. Jagir Kaur, Gurmej Singh and Sulakkshan Singh rushed to the scene of occurrence and that sustaining the injuries Baba Singh fell down and he rushed for his life leaving the place of occurrence. The police registered a crime against the accused under Sections 307, 323 and 504 IPC (Ext. Ka-14) and made an entry regarding registration of the crime in the general diary (Ext. Ka-15 ).

(3.) THEREAFTER SI Om Prakash Sharma, the investigating officer went to the scene of occurrence, inspect the site and prepared its site plan map (Ext. Ka-7 ). He also collected blood stained and simple earth from the place of occurrence and prepared its memo (Ext. Ka-8 ). He also recorded statements of the witnesses and did other necessary things.