GUNTHI SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal appeal arises out of the judgment and order dated 23.7.1983 passed by III Additional Sessions Judge, Hamirpur in Session Trial No.216 of 1980 whereby convicting and sentencing the appellants (1) Gunthi Singh, (2) Halkey Singh, (3) Datadin and (4) Ram Avtar to life imprisonment under sections 302/149 IPC and 2 years rigorous imprisonment under Section 148 IPC. Both the sentences were to run concurrently. Aggrieved by the aforesaid judgment of conviction, the appellants have preferred this appeal.

(2.) UNFOLDED prosecution allegations, as are discernible from the written report Ext -Ka -1, lodged at Police Station Khanna, District Hamirpur on 26.3.1980 at about 5:00 p.m., by informant Shivraj Singh, the father of the deceased Udai Bhan Singh, are that on 26.3.1980 at about 12 noon, Udaibhan Singh along with his younger brother Prembhan Singh and his cousin Raj Bahadur Singh, was going towards the Khalihan. When all of them reached near the house of Gajodhar Chamar, the five accused persons (four of them are named above as appellants) and one Sukhdev (who died during trial), who all were waiting in ambush armed with their guns inside the house of Gajodhar Chamar, came out from the house. Gunthi Singh and Halkey Singh opened gun fire aiming at Udaibhan Singh, who sustained gun shot injuries and fell on the ground. Thereafter accused Datadin gave a hard blow from the butt of his gun on the head of Udaibhan Singh causing his death instantaneously. After his death accused Sukhdev and Ram Avtar uttered that their work is now over as their prey has died. Uttering these words all the accused persons ran away from the spot. The occurrence was witnessed by villagers Gorwa, Behna, and Sukhnandan. The motive imputed for the commission of this crime was also mentioned in the FIR itself, according to which, about 11 or 12 years ago, Chandrapal, father of Gunthi Singh had been murdered. In that murder case of Chandrapal, deceased Udaibhan Singh and his brother Chandrabhan Singh were charge sheeted as accused but they were acquitted by the Court after the trial. It is alleged that the murder of Udaibhan Singh was committed to take revenge, as the deceased had survived from the clutches of law, the appellants finished him off.

(3.) ON the basis of the written report promptly lodged only a few hours after the occurrence on the same day, check FIR Ext Ka -2 was prepared by Head Moharir (PW -2) Sanju Prasad Dubey and the case was registered by him under Sections 148 and 302/149 of IPC in G.D. at Serial No.19 (Ext Ka -3) Shri B.V. Singh Chauhan S.O. Khanna (P.W. -8) was assigned the responsibility to investigate the case. The Investigating Officer recorded the statements of Ramasrey Chowkidar who had brought the written report at the police station and proceeded to the place of occurrence. The inquest was held on the dead body of Udaibhan Singh and inquest report Ext -Ka 13, photolash and Chalan lash (Ext 14 and 15) were prepared. The dead body of Udaibhan Singh was sent for post mortem. The Investigating Officer collected the blood stained and plain earth and prepared memo Ext Ka -19. He also prepared site plan Ext Ka -18. Autopsy of the dead body of Udaibhan Singh was conducted by Dr. D. Kumar (P.W -4) on 27.3.1983. The following ante -mortem injuries were found on the person of the deceased: -