STATE OF U P Vs. VIJAI BAHADUR SINGH

JUDGEMENT

(1.) PRESENT Government Appeal has been preferred by the State of U.P. assailing the judgment and order rendered by Ist Addl District and Sessions Judge Hardoi in Sessions Trial No A 29 of 1980 whereby the appellants aforesaid who were charged for offences under section 302/34 and 307/34 IPC have been granted clean acquittal.

(2.) THE incident resulting in murder of Smt Bitana is said to have taken place on 18.10.1978 at village Kutubpura PS Bilgram Dsitt Hardoi. The complainant in the case is PW 1 Shiv Pratap Singh a native of village Adera Navelia PS Sursa Distt Hardoi. The abridged version of the case is that on 18.10.1980 at about the time of sun -rise, the deceased Bitana and her daughter Shail Kumari had set out from their house for answering the call of nature. After two to three minutes of their departure from the house, he heard the reports of firing. He immediately turned his attention towards the direction of firing and saw the accused Vijai Bahadur Singh who was armed with gun, Munne Singh who was armed with Kanta, Hardayal and Raj Kumar who were armed with country made pistol walking towards east of Verandah. It is further alleged that his son Vijai Vikram Singh on hearing the report of firing, rushed inside the house while he proceeded towards the gate situated towards north. After he had come out of the gate, he saw Bitana lying in the Galiyara (aisle/corridor). The accused Vijay Bahadur Singh, it is further alleged, was assaulting her with the butt of the gun, while accused Munne was hitting the deceased with Kanta from its obverse side. He also saw Shail Kumari crying and beseeching the accused persons not to assault her mother. While Shail Kumari was coming, rushing to rescue her mother, the accused Vijai Bahadur Singh fired at Shail Kumari, who was hit by pellets of the fire. Upon being hit by the pellets of the fire, Shail Kumari fell down on the ground. As she tried to get up, accused Raj Kumar hit her with the butt of country made pistol on her face. On being hit second time, Shail Kumari again fell down on the ground. It is also alleged that the accused were challenged by Rama Dayal, Bhagwan, and Banwari challenged the accused followed by him. On being challenged by the village people, the accused persons fled towards east. It is also alleged that while fleeing, the accused Vijai Bahadur Singh had fired in the air. The complainant then came close to the deceased and found her dead. It is alleged that the blood was oozing out from the body of the deceased. He also alleged that Shail Kumar was lying about 8 to 10 steps away from her mother. At that time, Shail Kumari was unconscious. Thereafter, it is alleged, he wrote down the report and sent his son alongwith the report to the police station.

(3.) IN the FIR lodged at police station, the complainant prefaced certain events which were the causative factors leading to the occurrence. It is stated that Vijai Bahadur Singh was the real nephew of late Netra Pal Singh and Bitana was the wife of Netra Pal Singh. Netra Pal Singh had died long back and he was survived by three daughters and widow Bitana.The eldest daughter namely Smt Prem Kumari was married to Udai Pratap Singh of village Bajehra. The second daughter namely Jai Devi was married to Yatendra Singh of village Tarauli. Accused Vijai Bahadur Singh had covetous eyes over the property left behind by Netra Pal Singh and as a sequel, he joined hands with the two sons in law of Netrapal Singh/Bitana with the avowed object of usurping the land. It is further alleged that both the sons in law of Bitana had instituted a case on behalf of their respective wives. The case filed by the sons in law of Bitana was being pursued by Vijai Bahadur Singh ostensibly on the assumption that after the land is partitioned amongst the three daughters of Netrapal Singh, the said land would be passed on to him. The keen interest shown by accused Vijai Bahadur Singh had led to bitterness and frayed relations and accused started nurturing grudge against them. It is further stated that the accused persons had picked up quarrel with the deceased on several occasions as they wanted to do away with her. The complainant has also stated that an agreement was entered before the marriage of his son with the daughter of Bitana namely Shail Kumari for transfer of 21 Bigha of land which subsequently culminated in sale deed in favour of his son. After the agreement had been entered in favour of his son, accused Vijai Bahadur Singh had become annoyed and he started nurturing grouse against them. It is also stated that a suit was filed on behalf of two elders daughters of Bitana. The suit, it is further stated, had culminated in being dismissed. He also stated that in the course of litigation, proceeding under section 107 Cr.P.C had been launched in which from one side were Vijai Bahadur Singh, Udai Pratap, Har Dayal, Raj Kumar and 4 to 5 other persons while on the other side, were the complainant, Badri Jagnnath and 3 to 4 other persons. The proceeding launched under section 107 Cr.P.C had petered out after lapse of 5 to 6 months. As regards accused persons, he stated that accused Vijai Bahadur Singh held the post of company Commander in the Home Guard while accused Raj Kumar held the post of Platoon Commander in the Home Guard. Accused Hardayal was the father of accused Raj Kumar while accused Munne was the brother in law of Vijai Bahadur Singh (Sala). He also stated that his son, immediately after the agreement had been entered, had started ploughing the field.