STATE OF U.P. Vs. DEVI SINGH

JUDGEMENT

(1.) Government Appeal No. 262 of 1984 and Criminal Appeal No.2471 of 1983 have emerged out of one and the same impugned judgement and order dated 5.10.1983/10.10.1983 passed by the Sessions Judge, Jhansi in Session Trial No.246 of 1982 ' State Vs. Devi Singh and two others' P.S. Chirgaon, District Jhansi and, therefore, both these appeals are being disposed of by this common judgment.

(2.) According to prosecution the incident has taken place on 4.7.1982 at 12:00 O' Clock (noon) within the limits of P.S. Chirgaon, District Jhansi whereas F.I.R. was registered on 4.7.1982 at 5:00 P.M. after covering a distance of 9 K.M. from the scene of incident to the police station concerned. First informant Thakur Das S/o Khalakh Yadav R/o village Atpeyee, P.S. Chirgaon, District Jhansi has lodged the F.I.R. Exhibit Ka-1 in P.S. Chirgaon with an accusation that on 4.7.1982 at 12:00 O' Clock (noon) accused Chandan Singh S/o Bachchi Lal, Lakhan Singh S/o Radha Lal and Devi Singh S/o Radha Lal Yadav were putting pieces of bricks opposite his door. He is nephew of Tulsi Das S/o Parashuram Yadav forbade them to do so. Villagers Ram Sewak, Kripa Ram, Veer Singh and others also forbade them to put the bricks opposite the door of informant but accused persons did not pay any heed to it. But Tulsi Das hereinafter called the deceased insisted and asked them not to put the bricks there whereupon accused Chandan Singh and Lakhan Singh made exhortation to kill him. Both the aforesaid accused caught hold off and accused respondent Devi Singh gave a Farsa blow at the neck of the deceased. After sustaining injury deceased fell down. Witnesses chased accused and then they ran away. However, witnesses succeeded in capturing the Farsa from Devi Singh which was blood stained.

(3.) Chik report was drawn on the basis of the aforesaid written report and case was registered in the General Diary on dated 4.7.1982 at 5:00 P.M. under Section 307 I.P.C. The informant handed over the aforesaid Farsa at the police station regarding which a recovery memo was prepared which is Exhibit Ka-3. The blood stained Baniyan and Taulia of the deceased were taken into police custody regarding which a recovery memo Exhibit Ka-8 was prepared. Blood stained and plain earth were also taken in police custody regarding which a recovery memo Exhibit Ka-11 was prepared during the investigation. Deceased Tulsi Das in an injured condition was subjected to medical examination. Following injury was found at his neck: