SARDAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) PRESENT criminal appeal has been filed against the judgment and order dated 12.10.1988 passed by the 5th Additional Sessions Judge, Saharanpur convicting the appellants under Section 302/34 IPC and sentencing the appellants for life imprisonment under aforesaid sections in Session Trial No. 419 of 1985, State Vs. Sardar Singh and others.

(2.) BRIEF background of the case, as has been unfolded in the first information report lodged by Ram Singh, brother of the deceased, at police station Kotwali Dehat, district Saharanpur, reflects that on 4th of March, 1984 at the point of time when informant was at his house and his brother Dilaram was sitting at his house in the Angan, then at the said point of time, Prakash son of Bhukhari Harijan armed with sword, Brahma son of Sugan armed with farsa, Sardara son of Munga armed with kanta and Malkhan son of Rulha armed with sword at about 5 PM in the day came to his residence and stated to his brother Dileram that they would give Gram Samaj land to him and he is a great litigant and has been harassing them and at the said point of time Dileram contended that the said land in question has been given to him by the government and cases are ongoing in the court, as such, trouble should not be created and hearing this all the four accused appellants along with their weapons started attacking Dilaram and at the said point of time to save Dilaram attempt was made by his mother -in -law Phoolwati and then she was also attacked and thereafter Dilaram died on the spot and all these four persons took away the dead body and at the said point of time the incident in question was witnessed by Rati Ram and by the wife of the deceased.

(3.) THE first information report was lodged within two hours of the incident in question at about 7 PM and the distance of police station from the place of occurrence has been six kilometers. After the said first information report has been lodged as injured Phoolwati has also gone to the police station, she was sent for medical examination along with constable Amar Chand and thereafter she was medically examined by the doctor concerned at 7.45 PM and SI Shiv Nath Singh Yadav commenced the investigation and on the said date he proceeded to examine Head Moharir Digvijay Singh, Ram Singh and Rati Ram and thereafter inquest was carried out and statement of Phoolwati was also taken and thereafter spot inspection report was prepared and whatever recoveries have been effectuated, same were sent for chemical examination on 5.5.1984 and thereafter charge -sheet in question has been filed on 29.5.1984. After the charge -sheet in question has been filed as the matter was triable by the court of sessions committal proceedings have been undertaken and thereafter on 29th of July, 1996 following charges have been framed: