JIT SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Appellants Jit Singh (A-1) son of Sukua Gaud and Dayali (A-2) son of Hem Raj, both r/o village Bagharu, P.S. Duddhi, District Mirzapur, are aggrieved by the impugned judgment and order dated 21.10.1986 passed by Sessions Judge, Mirzapur recorded in S.T. No. 225 of 1985, State of U.P. Vs. Jit Singh and another, convicting both the appellants under section 302/34 I.P.C. and sentencing them to serve life imprisonment therefor and therefore have filed this appeal.

(2.) Unfolded prosecution allegations, as are discernible from the oral FIR Ext. Ka-1 and testified during the trial by the prosecution fact witnesses, informant Ram Ratan P.W.2, Dasrath P.W.2 and Bansidhar P.W.3, are that motivated by a lost court case with Dev Swaroop (deceased /father of informant RamRatan) that both the appellants, on 21.8.1985 at 9 A.M. assaulted Dev Swaroop (deceased) near the field of Ram Baran with spade and club(lathi) and caused him injuries, mostly on his upper and lower limbs. Dev Swaroop (injured/deceased) squatted on the ground sustaining inflicted injuries but even then he was belaboured by club. Injured shrieks attracted informant Ram Ratan P.W.1, Dasrath P.W.2, Bansidhar P.W.3 and other co-villagers at the assault scene, who had witnessed the belaboring of Dev Swaroop. Intervention by the witnesses and their attempt to apprehend the miscreants, forced both the appellants to leave the incident spot intimidating and threatening the witnesses. In an injured condition, Dev Swaroop, when was being carried to the hospital, midway, near Duddhi market, lost the battle of his life and died.

(3.) RamRatan, informant/PW1, son of the deceased, immediately rushed to the police station Duddhi at a distance of 7 KMs, along with corpse of the deceased, where he orally dictated FIR to HM Shyam Bihari Singh P.W. 6, who slated it by registering the crime at 11.45 A.M. and preparing chik FIR Ext. Ka-1 and GD entry Ext. Ka-3. Special report regarding the crime was dispatched the same day at 12.45 P.M. through constables Lallan Rai and Lallan Bharti vide Rapat No. 17 Ext. Ka-4.