SAMMAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Samman Singh appellant has filed this appeal against his conviction under Section 302 I.P.C. and sentence of the imprisonment recorded by Sri V. S. Kulshrestha, 6th Additional District and Sessions Judge. Moradabad by his Judgment and order dated 6.6.1977. Co-accused Dronveer Singh and Ahbaran Singh were also tried alongwith the appellant Samman Singh but they were acquitted by the Trial Court.

(2.) The prosecution case in brief is that appellant Samman Singh was running a Government Workshop who used to get monthly quota of sugar from the Government for distribution to the Villagers by sale but he did not distribute the same to the villagers. Therefore, the deceased Jagan Singh objected to this illegal practice but the accused Sam man Singh did not care. It is also said that the deceased Jagan Singh about four or five days prior to the present occurrence again reminded Sam man Singh to distribute the sugar properly to the residents of the Village on his Chabutra of his Chaupal and warned him that he would be compelled to take legal action against him whereupon Samman Singh told him that he may do whatever he liked and also appellant Samman Singh said that he would make arrangement for him. This altercation was heard by Bahori who was present there. It is further stated that the deceased got prepared a complaint immediately scribed by the aforesaid Bahori Singh against Samman Singh in connection with the misappropriation of the quota of Sugar and he also got thumb impressions and signatures of the villagers thereon. Appellant Samman Singh became very much annoyed and warned the deceased that he should not become a leader in connection with the distribution of Sugar allotted to him by the Government otherwise consequences would not be good. Thakur Lal, khan. Singh Pradhan of the village intervened in the matter and he convened Panchayat to avoid any quarrel between Samman Singh and the deceased in connection with distribution of sugar, and it was decided in the said Panchayat that Sam man Singh would distribute one bag sugar accordingly in the village on 14th day of each month otherwise the prepared complaint would be forwarded to the Authorities concerned and the said complaint was kept by the Pradhan but Samman Singh appellant inspite of the above mentioned compromise, felt aggrieved with the deceased.

(3.) It is alleged that in the intervening night between 9/10.9.1977, P. w. 1 Rajendra Singh alongwith P.W. 2 Bhagwan Singh and one Deoki Nandan had gone to look after the crops in their fields to avoid any damage from Neel Gat and when they were returning back to their houses from their fields at about 2 A.M. and when they reached near the house of the complainant, appellant Samman Sineh alongwith Dronveer Singh and Ahbaran Singh were seen standing in the moon-light at the Chabutra of the deceased Jagan Singh where the deceased Jagan Singh was sleeping on a cot and then Sam man Singh had pointed his gun on the chest of the deceased while Dronveer Singh and Ahbaran Singh were standing there armed with Lathis pointing towards the deceased, and as soon as P.W. 1 Rajendra Singh flashed his torch towards them immediately appellant Sam man Singh fired his gun on the chest of the deceased Jagan Singh on a point blank range. Thereupon P.W. 1 Rajendra Singh and his companions cried out and challenged the accused but they made good their escape by threatening the witnesses. P.W. 1 Rajehdra Singh and others also gave a chase to apprehend the accused but in vain. When he reached near his father, he found him dead due to gun shot injuries. During the night, he did not proceed to lodge the report to the Police Station on account of fear.