SHIV RAJ SINGH Vs. STATE

JUDGEMENT

(1.) WE have heard Sri RS. Shukla, learned Counsel for the appellants and Sri R.K. Singh, learned A.G.A. and Sri Anand Tiwari, learned A.G.A. for the State. This Criminal Appeal arises from the judgment of the VIth Additional Sessions Judge, Shahjahanpur, dated 19.11.1982 in S.T. No. 795 of 1981, whereby the appellants have been convicted and sentenced to one year's R.I. under section 323 I.P.C. and to imprisonment for life under section 302 I.P.C.

(2.) AS a report dated 13.9.2007 was received from the C.J.M. Shahjahanpur mentioning that the appellant Shiv Raj Singh has died, the appeal preferred by the appellant Shiv Raj Singh was made to abate by an earlier order dated 24.2.2012. Only the appeal against the appellants Satya Pal and Maiku survives.

(3.) THE informant Gendan Lal PW1 alleged in this report that there was a subsisting enmity between the parties and on the fateful day a quarrel had taken place in the Saturday Bazaar in village Alampur between the sweepers of Alampur and Bahaiya, in which dispute the appellant Shiv Raj Singh (whose appeal has abated) had asked the deceased Brij Lal not to intervene, but the deceased had not heeded the request. Thereupon, the accused are said to have given lathi blows to the deceased Brij Lal and another blow was also given to Akhtar, who had intervened. Brij Lal had died after 9 days. The case was converted to one under section 304 I.P.C. by the investigating officer PW 7 Kali Shankar Tiwari and the charge sheet was subsequently submitted under sections 323, 504, 506 and 304 I.P.C. against the three appellants. PW 6 Constable Clerk Yad Ram has also admitted in his cross -examination that Shiv Raj Singh and one Bajrangi had come to the police station on 8.11.1980 at 11 p.m., with injuries on their persons, and an entry to this effect was made as rapat No. 23 in the G.D. He also proved that a cross report had been lodged by Bajrangi.