SIPTTAR Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been preferred by appellants Sipttar and Ragister both sons of Sri Kaptan residents of village Murhsaina, P.S. Hazratpur, District Budaun against the judgment and order dated 27th January, 1986 passed by Special Judge, Budaun in Sessions Trial No.143 of 1984 (State Vs. Sipttar and another) under Section 302 IPC, P.S. Hazratpur whereby the trial Court has convicted and sentenced the appellant Ragister under Section 302 IPC for life imprisonment and the appellant Sipttar under Section 302 read with 34 IPC for life imprisonment.

(2.) The prosecution case in nutshell is that on 13.2.1984, informant Sohanpal (P.W.1) moved a written report Ex.Ka.1 at Police Station Hazratpur, District Budaun mentioning therein that he is the resident of village Murhsaina, P.S. Hazratpur, District Budaun. The accused-appellants Sipttar and Ragister both sons of Sri Kaptan are also the residents of same village, but are residing in village Dhana Gautiya, P.S. Jaitipur, District Shahjahanpur because they have inherited the property of their in-laws. Informant's son Kunwar Singh (deceased) had sown the crops on the land belonging to appellant Sipttar of village Dhana Gautiya on the basis of Batai (1/4th share) last year, but the accused-appellants did not give the due share of Kunwar Singh whereupon Kunwar Singh started working in the fields along with the informant at his village. Both the accused-appellants came to village Murhsaina at about 5:45 p.m. on the day of incident and reached at the field of the informant where Kunwar Singh was also present. Witnesses Chhabbi, Ram Nath, Nem Singh and Babu Ram were also present there. The accused-appellants before the witnesses asked to Kunwar Singh to work at their fields with them because in absence of Kunwar Singh, the cultivation of Sipptar was being adversely affected. On this, Kunwar Singh told that he will do his own agricultural work because there is no any benefit in doing the work at the fields of accused-appellants. It was also told by the deceased Kunwar Singh that accused-appellants had not given his share and whatever share had been given by the accused-appellants to him that had been taken away by the wife of the accused-appellant Sipttar. It was also told by the deceased Kunwar Singh that now he is married and he has obligation of his family on his shoulder. Hearing this, appellant Sipttar in a fit of rage abused Kunwar Singh and said that he is defaming his wife in-front of him. Accused Sipttar armed with lathi and accused Ragister armed with kanta caused blow upon the deceased on his neck and other parts of the body. While they were beating Kunwar Singh, the weapon used by them also came in contact with each other. Due to injuries received by Kunwar Singh, he became unconscious. As soon as the witnesses present there could understand the whole episode, accused-appellants fled away from the scene of incident.

(3.) On the basis of written report Ex.Ka.1, chick first information report Ex.Ka.11 was prepared at police station concerned on 13.2.1984 at 11:15 p.m. under Sections 308, 326, 324 IPC at Crime no.23 of 1984. G.D. Entry of the information is Ex.Ka.12.