VED PRAKASH Vs. STATE

JUDGEMENT

(1.) Upon an incident having taken place on 18/4/1981 whereby Shyam Singh had died, a first information report was got lodged by his wife - Kailashpati. The first information report had stated that the brother of Shyam Singh, namely, Balveer Singh accompanied by his four sons, namely, Vijayvir Singh alias Vijay, Ved Prakash, Chandra Prakash alias Pappu and Rajesh alias Raju and the brother-in-law of Balveer, namely, Surendra (sala) had reached the house of the deceased. The motive assigned in the first information report was that the deceased Shyam Singh had executed a Will in favour of his three daughters and, therefore, the accused Balveer Singh and his four sons wanted to do away with him. In the first information report, it was very categorically stated that the four sons of Balveer Singh and his brother-in-law were armed with lathis and swords. Specifically, it has been stated that Chandra Prakash, Rajesh alias Raju, Ved Prakash had swords whereas Balveer Singh and Surendra had lathis in their hands. At the time of the incident, another brother of the deceased, namely, Kripal Singh had reached the spot. Apart from the brother, Dharmveer Singh son of Chiranjeet Chauhan and Bhagwana Singh son of Kathera Singh had also reached at the place of incident. The first information report states that not only there were three eye-witnesses present but many others of the area had also reached the spot. The first informant in the first information report had stated that the first information report was written on the dictation of the first informant by her daughter - Vimla.

(2.) After the lodging of the first information report, the Police got into action and various relevant materials found on the spot were recovered and kept in Police custody. The accused Chandra Prakash, it was alleged, had also made a confessional statement before the Police on 18/4/1981 itself and had also under Sec. 27 of the Evidence Act got recovered the sword as was used in the incident. The sword was recovered in the presence of two eye-witnesses, namely, Ram Singh and Ashok Kumar Tyagi.

(3.) Upon completion of the investigation, the Police submitted its charge sheet and the court of sessions, thereafter, on 3/8/1981 framed charges against the accused Shyam Singh, Chandra Prakash alias Pappu, Ved Prakash, Balveer Singh, Rajesh alias Raja and Surendra Singh.