PURSHOTTAM SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal by the four appellants herein namely Purshottam Singh A-1, Dinesh Singh A-2, Narottam Singh A-3 and Surendra Singh A-4 is directed against the impugned judgment of conviction and order of sentence dated14.11.1986, whereby IVth Additional Sessions Judge, Jhansi has convicted A-1 and A-2 for offence u/s 302 IPC and has sentenced them to serve life imprisonment, and A-3 and A-4 have been convicted u/s 323 IPC and have been sentenced to 1 year R.I recorded in S.T. No.173 of 1985, State Vs. Purshottam Singh and others.

(2.) Background facts, as are discernible from the F.I.R. and testimonies of fact witnesses, informant Hari Singh P.W.1, Mool Chand P.W.2 and Balak Das P.W.3, are that three of appellants A-1, A-2 and A-3 are uterine real sibling brothers being sons of Narain Singh, whereas A-4 is the son of A-1. On 13.8.1985 at 8.30 P.M. informant P.W.1 Hari Singh was sitting along with his younger brother Om Prakash on an erected pedestal in front of his house and both were having conversations about pending high court litigation. Meanwhile A-3 and A-4 arrived at that spot and intimated both of them. When informant proscribed and objected to their rankled act A-4 armed with iron rod started assaulting the informant followed by A-3 who wielded a club. When the younger brother Om Prakash(deceased) tried to intervene and save the informant then all of a sudden A-1 and A-2, both armed with knives appeared at the scene and started stabbing Om Prakash. Meanwhile, witnesses Mool Chand, Balak Das and many others collected at the spot on which, accused scampered away from the incident scene through a damaged wall. Motive behind the assault was a pending litigation since last one and half decades between the informant and the appellants. After dispatching the injured to the hospital that the informant/PW1 came to police station Kotwali, District Jhansi,at a distance of 11/2 Kms where he orally dictated incident F.I.R. Exhibit Ka-1, which was registered the same day at 9.05 P.M. by Head Mohrir Shiv Ram as crime number vide rapat no.39, by preparing chik FIR and G.D. entry Exhibit Ka-17.

(3.) S.I. Yogendra Singh Chauhan P.W.7 in whose presence the offence was registered commenced investigation into the crime, recorded informant's statement and thereafter came to District Hospital, Jhansi where he took in possession the attires of the injured Om Prakash and prepared it's recovery memo Exhibit Ka-6. Spot inspection was conducted and site plan Ka-8 was sketched. Blood stained and plain bricks were collected and recovery memo Exhibit Ka-7 thereof was prepared.Thereafter statement of witness Mool Chand was recorded.Constables Satendra Singh and Brijendra Kumar informed the I.O. regarding demise of the deceased and therefore I.O. came to medical college where he performed inquest on the cadaver of the deceased and slated inquest memo Exhibit Ka-9 and other relevant papers photo lash, challan lash, form no.13, seal impression etc., which documents are Exhibits Ka-10 to 15. I.O./P.W.7 thereafter copied medical examination report of the informant Hari Singh. Demise of injured Om Prakash resulted in conversion of crime u/s 302 IPC, on 14.8.1995 at 8.55P.M. vide rapat no.11 and G.D. entry thereof was made by H.M. Ram Gopal, which is Exhibit Ka-18. The said Head Mohrir had also copied the supplementary report the same day at 10.15P.M. and had prepared it's G.D., which is Exhibit Ka-19. Further investigation into the crime was conducted by Nathu Singh P.W.6, who recorded the statements of A-1 and A-4 on 23.8.85. A-3 was arrested on 26.8.85 and his statement was recorded. On 5.9.85, statement of witness Balak Das Exhibit Ka-5 and that of inquest witnesses were penned down.Wrapping up the investigation charge sheet Exhibit Ka-4 was forwarded against all the accused appellants on 8.9.85.