SURENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been directed against the judgment and order dated 13-6- 1980 passed by VIth Additional Sessions Judge, Kanpur in Sessions Trial No. 205 of 1979 convicting the appellants under Section 302 read with 34 IPC and sentencing each of them to imprisonment for life.

(2.) Prosecution story, briefly stated, was as under :- Appellants Surendra Singh and Raghubir Singh were first cousin brothers and sons of Bhola Singh and Hakim Singh respectively. Appellant Omi was nephew of Raghubir Singh. Appellant Nekpal was residing with Surendra Singh. About three years before the occurrence of this case Bhola Singh, Ram Bahadur Singh and one Phaguni Chamar were murdered. Banwari Singh deceased, his brother Bhagat Singh (PW4) and 10 other persons were accused in said murder case and they were convicted and sentenced to imprisonment for life by the trial Court. They preferred appeal against their conviction and sentence before this Court and were released on bail. On account of above murder there was enmity between the parties.

(3.) On the night of 4/5-4-1979 Banwari Singh deceased and his brother Bhagat Singh (PW4) had gone to village Maholi for witnessing Parsurami of Dhanush Yagya. Stage for Dhanush Yagya was prepared near temple of village Maholi. Several other persons including Krishna Pal Singh (PW3) and Jagat Pal Singh (PW5) were witnessing the Danush Yagya. Electric bulb on electric pole towards north of stage was emitting light. There was another electric pole in the lane near the house of Sone Lal, which was also fitted with electric bulb and emitting light. At about 1 a.m. in the night Banwari Singh deceased got drowsy and went in front of house of Nandi Singh, father of Sone Lal, and slept there on a Charpai. Krishna Pal Singh (PW3), Bhagat Singh (PW4) and Jagat Pal Singh (PW5) were witnessing Dhanush Yagya by sitting beneath Imli tree. At about 3 a.m. in the night a fire took place near temple of Lord Shankar Ji. The above witnesses and other persons went towards that place and after extinguishing fire they stood at the betel stall near Neem tree on the south western corner of Khandahar of Ram Pal for taking betel. When the above witnesses saw towards north, they saw that appellants Raghubir Singh armed with gun and Surendra Singh armed with country made pistol were standing near Charpai of Banwari Singh deceased. Raghubir Singh fired gun shot and Surendra Singh fired country made pistol shot on Banwari Singh. Appellants Nekpal and Omi were also standing near the Charpal of deceased with country made pistols. When the witnesses proceeded towards Charpai of deceased, Omi and Nekpal threatened them saying that in case they proceeded further, they would be shot at. The appellants thereafter ran away towards north. When the witnesses went to the Charpal of deceased, they found him dead. The appellants were recognized in the light of electric bulbs.