GURMEET SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal appeal has been filed against the judgment and order dated 17 -12 -80 passed by Shri P.C. Saxena, the then Sessions Judge, Pilibhit in Sessions Trial No. A -134 of 1979 whereby he has convicted the appellant Gurmeet Singh under Section 302 IPC and sentenced him to undergo imprisonment for life.

(2.) THE facts are that the accused Gurmeet Singh resided in village Ram Nagar, P.S. Gujraula and his brother deceased Milkiat Singh resided at Pilibhit. The deceased had left his she -buffalo with the accused for grazing but the accused sold the same to P.W. 9 Ram Singh for a sum of Rs. 500 and received the sum of Rs. 500 with a promise that he would get a receipt executed by Milkiat Singh when he would come to the village. It is said that on the day of the occurrence, i.e. 6 -6 -1978 when Milkiat Singh came to the village and was staying at the house of the accused, Ram Singh came there and demanded the receipt on which Milikiat Singh executed the receipt but demanded his money. The accused, however, paid only Rs. 300 to Milikiat Singh and about the balance he told him that the same would be paid after few days. But Milikiat Singh did not agree to it and gave out that he would take the she -buffalo with him. As Ram Singh had already paid the amount to the accused, he was also not prepared to part with the she -buffalo and agreed to do so only when he was paid back the amount of Rs. 500 together with the amount of Rs. 15 for interest. It is said that in order to make this payment, Gurmeet Singh had to pledge the ear rings with P.W. 10 Indra Sharma. A dispute also arose between the deceased and the accused regarding some amount which was outstanding against the accused and after accounting it was found that the said amount was Rs. 100/ -. Anyway, after the payment of the amount with interest by the accused to Ram Singh, the transaction of sale was nullified and the deceased got the custody of the she -buffalo. It is said that as it became very late, Ram Singh offered to the deceased to stay with him for the night but the accused objected to it on the ground that Ram Singh had lowered his esteem before the residents of the village and as such, he would not allow his brother to stay with Ram Singh. As the deceased was not prepared to stay at the house of the accused, P.W. 7 Mangali who was also present at the time of the aforesaid settlement, offered the deceased to stay with him and thereafter the deceased with the she -buffalo left for the house of Mangali alongwith the latter. The accused also followed them and in the way some altercation took place between him and the deceased. On account of these events when the deceased came at the crossing near the house of P.W. 12 Sundar Lal, the accused fired two shots from his rifle on the deceased with the intention to kill him which hit him and he succumbed to his injuries. This incident was witnessed by Mangali and when on hearing the bang of the gun fire, P.W. 12 Sundar Lal and P.W. 4 Gaya Prasad who also resided near the place of the occurrence came out of their houses, they say the accused running away with the rifle in his hand from the side of the place of the occurrence. The incident is alleged to have taken place on 6 -6 -78 at about 10 p.m. The report of the incident was lodged by P.W. 2 Nitai, Chaukidar of the village at P.S. Gajraula, district Pilibhit situate at a distance of 7 miles from the place of occurrence in the night itself, i.e., 7 -6 -78 at 2.45 a.m.

(3.) P .W. 1, Dr. R.C. Maheshwari, Medical Officer, District Hospital, Bijnor conducted the post -mortem examination on the dead -body of the deceased. The deceased was aged about 23 years and about 3/4 day had passed since he died. He found the following ante mortem injuries on the dead -body: