RISHI PAL Vs. STATE

JUDGEMENT

(1.) PRESENT criminal appeal is directed against the judgment and order dated 5th of September, 1986 passed by 7th Additional Sessions Judge, Moradabad in Sessions Trial No.437 of 1985 under Section 302 convicting and sentencing the appellant to undergo imprisonment for life.

(2.) BRIEF background of the case as is emanating in the present appeal is to the effect that on 23rd of April, 1985 at 8AM at police station Bachraon, which is at a distance of 12 kilometers from the place of incident, first information report had been lodged being Case Crime No. 35 of 1985 under Section 302 IPC by Fateh Singh son of Hardhyan Singh resident of village Mungra, police station Bachraon, district Moradabad against Rishi Pal Singh son of Gulab Singh Jat resident of same village mentioning therein that in the earlier night informant Fateh Singh along with his cousin brother Salag Singh and Kunwar Singh, both sons of Chajju Singh along with labourers namely Jag Singh, Nanha and Guddu through his tractor and machine was getting the wheat thrashed and the said work in question stopped at 4 AM in the morning and thereafter labourers went to their residence and all these three persons remained at the place of wheat thrashing and all these three persons proceeded to lay in 'Jai' field and at about 5 AM in the morning Rishi Pal Singh son of Gulab Singh Jat came on the spot armed with fawra and all of sudden attacked Salag Singh, who was lying nearby and at the said point of time attempt was made by him and Kunwar Singh to catch him but Rishi Pal threatened them showing the fawra and told them in case they attempt to catch him they would also be killed and after running for sometime after 50 paces he threw away the fawra and ran away. Salag Singh died on the spot and on the alarm that has been so raised Ram Charan Singh son of Natthu Singh Nai came on the spot and subsequent to the same various other persons came on the spot. It was mentioned in the first information report that in between Rishi Pal and Salag Singh in respect of ridge in the field there has been some altercation and on account of the said situation incident in question has been effectuated by the appellant.

(3.) AFTER the first information report has been lodged chik report was got prepared, then investigation in question was handed over to Radhey Shyam Trivedi, who was In -charge Chowki Dhanura Mandi, and he proceeded to examine Fateh Singh and Kunwar Singh and went to the spot and made spot inspection report. Thereafter, inquest proceedings were undertaken and the body in question was got sealed and along with all relevant papers the body was sent for postmortem. On the spot at 50 paces from the place of incident blood stained fawra was recovered. From the spot blood stained earth and plain earth was also recovered. From the spot the blood stained loi and sheet as well as lathi was also recovered. Thereafter, investigation in question was got concluded and charge -sheet was filed on 26th of May, 1985 against the appellant. After the charge -sheet in question has been filed before the Magistrate concerned and as the matter was exclusively triable by Court of Sessions, committal proceedings were undertaken by the Magistrate concerned and the matter has been committed to the Court of Sessions. The Sessions Court, thereafter, proceeded to frame the charges on 31st of July, 1985, and same runs as follows;