ROOP SINGH Vs. STATE OF U P

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment and order dated 4.3.1982 passed by Sri Gaya Prasad Vth Addl. Sessions Judge, Mainpuri in S.T. No. 417 of 1978 whereby appellant - Roop Singh was found guilty and convicted for the offence punishable under Section 148, 307, 323/149, 452 IPC whereas other appellants were convicted for the offences punishable under Section 147, 307/149, 323/149 and 452 IPC. Accused Roop Singh was sentenced to undergo one year R.I. u/s 148 IPC, seven years' R.I. u/s 307 IPC, one year R.I. u/s 452 IPC and six months' R.I. u/s 323/149 IPC whereas other appellants were awarded sentence of six months' R.I. u/s 147 IPC and five years' R.I. u/s 307/149 IPC. All the appellants were sentenced to undergo one year R.I. u/s 452 IPC and six months' R.I. u/s 323/149 IPC.

(2.) DURING pendency of the appeal, appellant no. 2 Bala Prasad and appellant no. 3 Damodar have died, therefore, their appeals stood abated vide order dated 27.4.2007.

(3.) SHORN of details, the prosecution story as contained in the FIR and the evidence adduced during trial is that complainant and injured Kunj Lal son of Bhopat, resident of Village - Nagla Pipal, P.S. Onchha, District - Mainpuri sent a written report scribed by Durbin Singh of his village through one Sukhey to police station - Onchha, on the basis of which the case was registered at 3:05 A.M. on 26.9.1976, wherein it was stated that 2 -3 months prior to the incident, his co -villager Roop Singh has cut the peepal tree from his field's Mend, did not stop even on their objection and on account of this incident, they were not on talking terms. It was further stated that last year Roop Singh has thrown garbage over their land stating it to be land of Bachat but in fact it belonged to them but, they did not let him throw the refuse, whereupon he extended threat to him. It was stated in the report that in the night the complainant was sleeping under neem tree in his gher in front of his house and nearby his brother Bharat Singh, son Krishna and cousin Deputy were sleeping on different cots. At about 10 P.M. Roop Singh, his brother Karinda, Bala Prasad son Meharban Singh, Damodar (brothre in -law of Mani Ram), Ram Singh (maternal uncle of Roop Singh) and Girand, resident of Village - Lodhamai, P.S. Mahrera, District - Etah barged into her gher in order to kill and assaulted them with Lathi and Bhala. On their noise, co -villagers Basant Lal, Laretey and Lajja Ram arrived there. They tried to save them, then Roop Singh exhorted that they would not leave them alive. It was further stated that wife of the complainant Smt. Prahlado also came out from the house and tried to save him. Accused Roop Singh fired two shots from his country made pistol injuring the complainant, his wife, witnesses Basant Lal and Laretey. In the incident apart from the complainant, Deputy Singh, Kunj Lal, Bharat Singh and Prahlado were injured. The incident was seen in the light of lantern which was hanging on a wall in front of the house. Accused Roop Singh was armed with country made pistol, Karinda with Bhala and others were armed with lathis. On the basis of this report, case under Sections 147, 148, 149, 307, 324, 452 and 323 IPC was registered, investigation whereof was taken over by the Station Officer himself. He recorded the statement of witnesses, visited the place of occurrence and prepared site plan and other memos etc. Injured Kunj Lal, Deputy Singh, Krishna, Bharat Singh, Smt. Prahlado, Laretey and Basant Lal were examined in P.H.C., Sakit, District - Etah from 12:10 P. M. onwards on 26.9.1976 by Dr. Yashwant Singh, who found gun shot injuries on the persons of Kunj Lal, Laretey and Basant Lal. Dr. Singh further found two incised wounds on the face of Bharat Singh and lacerated wound and contusions were noted in the injury reports of Kunj Lal, Deputy Singh, Krishna and Smt. Prahlado. The investigation culminated into charge sheet against accused Roop Singh, Karinda, Bala Prasad, Damodar and Girand.