KAPTAN SINGH Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal arises out of the judgment and order dated 30.10.1982 passed by the learned Additional District and Sessions Judge, Shahjahanpur whereby he has convicted and sentenced the appellants to life imprisonment under sections 302/149 IPC and two years RI under section 148 IPC. However, both the sentences were directed to run concurrently.

(2.) THIS criminal appeal was preferred by the five accused -appellants Kaptan Singh, Lal Sahai, Paras Ram, Chhotey and Vishram. As Lal Sahai and Chhotey have died and a report dated 29.4.2014 to this effect has been received from the Chief Judicial Magistrate, Shahjahanpur, the appeal filed by them was directed to be abated by order dated 8.10.2014.

(3.) THE FIR of this case records that one Ram Sahai had been murdered in village Ghusgawan after Dashehra. In that case Vishnu and Indal were made accused. The present deceased Shiv Singh was a close relation of Vishnu and on visiting terms to his house. Vishram, son of Ram Sahai and Kaptan Singh, Lal Sahai and Chhotey, nephew of Ram Sahai suspected that Shiv Singh was also involved in the murder of Ram Sahai and on account of that enmity, on 3.12.1980 at about 5 pm when Shiv Singh along with Soran Singh were returning on a motorcycle to their village Ghusgawan, which was being driven by Shiv Singh, and were passing on a road in front of the Temple, which was in the south of the village, the five accused persons named above, came out from the cover of "Bathias" (cow dung heap), the appellant Kaptan was armed with a double barrel gun, Paras Ram and Ram Sahai were armed with single barrel guns and Chhotey and Vishram were armed with "Kantas". Kaptan Singh crying that Shiv Singh was responsible for his uncle's murder and should not be spared, attacked the deceased Shiv Singh. On the cries raised by Shiv Singh and by Soran Singh, the informant Mulayam Singh accompanied by Rameshwar Singh and Munshi Singh came rushing from the Temple. Kaptan Singh fired with his double barrel gun on the deceased Shiv Singh because of which the deceased and Soran Singh, left the motorcycle, and ran towards the village. Kaptan Singh, Lal Sahai and Paras Nath chased the deceased whilst firing at him, although Soran ran aside. Chhotey and Vishram ran towards Shiv Singh with "Kantas". As a result of firearm injuries Shiv Singh fell down on the lane, then Kaptan Singh, Lal Sahai, Chhotey, Paras Ram and Vishram caught hold of the deceased and dragged him to the baggar of Ajudhi. Even though cries were raised by the witnesses, but the appellants did not release the deceased. Eventually on the pressure of the witnesses and villagers, the appellants left in the south west direction. The deceased had many firearms injuries on his body. The report of this incident was lodged by the informant Mulayam Singh at PS Nigohi, which was 11 miles away at 3.10 a.m., on 4.12.1980.