MAHENDRA SINGH Vs. STATE

JUDGEMENT

(1.) THIS Criminal Appeal has been preferred against the Judgment and order dated 01 -05 -1982 passed by Vth Additional Sessions Judge, Budaun in Sessions Trial No. 195 of 1981 thereby convicting the appellants under sections 302 and 201 I.P.C. and sentencing each of them to imprisonment for life and 7 years rigorous imprisonment respectively. Both the sentences have been directed to run concurrently. Out of four appellants who had initially filed this appeal, three appellants namely appellant no. 1, Mahendra Singh, appellant no. 2, Bhagwan Singh and appellant no. 4, Sohan Pal Singh have died. Thus, the appeal against them stands already abated. Now, only surviving appellant no. 3, Kallu is before us in this appeal.

(2.) THE prosecution case as culled out from the evidence in brief is that on 12 -01 -1981, the deceased, Jeet Singh had gone to Ujhani along with his son, Virendra Singh, P.W. -2 and his brother, Om Pal, P.W. -4, for marketing where he purchased some cloth and gave it for stitching also. When, they were about to return back to their village -Sakri Jungle, the deceased met Suraj Pal his brother -in -law. Suraj Pal informed him that his sister was ill and suffering from fever for the last 4 -6 days and that he had to come to Ujhani to purchase medicines for her. The deceased immediately thereafter decided to go to his brother in law Suraj Pal's village -Ranaoo to see his ailing sister and then to return to his own village next day in the morning. The deceased along with his son P.W. -2, brother Om Pal P.W. -4 and his brother -in -law Suraj Pal then started proceeding on foot for village -Ranaoo. At about 05.00 p.m. on the way when they were passing between the wheat field of Govind Murao and the vacant field of Sarnam Jatav, suddenly all the four accused came out from Arahar field of Jhingoo Jatav. Accused Mahendra Singh was armed with his licensed double barrel gun, accused Sohan Pal with single barrel gun of his brother Sipattar. Accused Kallu with Gandasa and accused Bhagwan Singh with a Pharsa. The accused persons while using abusive language proclaimed that none of them would be allowed to go alive and that they will kill all of them. Atonce, thereafter accused Mahendra Singh and Sohan Lal opened fire from their respective guns which hit the deceased who fell down adjacent to the pathway in the field of Govind Murao. P.W. -2, P.W. -4 and Suraj Pal took to their heels raising alarm towards north for safety of their lives. After running about 50 -60 steps when they turned back, they found that accused Bhagwan Singh and Kallu were cutting the head of the deceased from rest of his body with their Pharsa and Gandasa respectively, and that after severing his head they also lit fire to his clothes with a match stick. The accused persons then went away towards the south taking the head of the deceased with them. After the accused persons had gone away P.W. -2 , P.W. -4 and Suraj Pal reached near the dead body of the deceased. They, then extinguished the fire from his body and apprehending that the accused may come again to further harm the headless body of the deceased carried it to village -Ranaoo for being kept safely in the house of one Bindoo Singh, their relative.

(3.) THE F.I.R. of the above incident was lodged by P.W. -2 on 12 -01 -1981 at about 20.30 hours at Police Station -Ujhani which was situated at a distance of about 08.00 Km from village Ranaoo. On the basis of the said report, a Chik F.I.R., Exhibit Ka 15, was prepared and a case under sections 302/201 I.P.C. was registered against all the four accused. An entry was also made in this regard in the G.D., Exhibit Ka 16.