STATE OF U.P. Vs. JAGROOP AND OTHERS

JUDGEMENT

(1.) This appeal has been preferred by the State of U.P. against Jagroop, Phool Singh, Shivpal Alias Singhal and Chhanga alias Changu against the judgment and order dated 19.5.1979, passed by Sri Usha Kant Varma, the then Vth Additional Sessions Judge, Kanpur in S.T. No. 156/M of 1977, acquitting the accused-respondents of the charge levelled against them under Sec. 302/34, Indian Penal Code.

(2.) In brief, the prosecution case was that Ajeet Singh informant (PW 3) and Ajai Singh deceased were real brothers. They got some land in villages Chirli and Rampur from their maternal grand mother. In village Rampur the deceased was looking after the cultivation, while. Ajeet singh was cultivating the land of village Chirli. Ajai Singh had developed some illicit relations with Bojori, daughter of Jagroop accused-respondent. Shivpal accused was also having affairs with her. About a month prior to the incident some altercation took place between Ajai Singh and Shivpal in, connection with the daughter of Jagroop. About 15 days before the date of occurrence, Ajai Singh was found lying in a compromising position with the girl, hence some quarrel took place on 24.4.1977 between Ajai Singh on one hand and Jagroop, his sons and Shivpal on the other. On 26.4.1977 Ajeet Singh reached Rampur alongwith his bullock cart for thrashing of the crops. At that time Ganga Pasi and Chheda Pasi were also with him. They remained busy in thrashing operations till 11.00 p.m. on 28.4.1977. Ajeet Singh alongwith deceased, two servants, Harmangal Singh (PW 5), Narendrapal (PW 4) and some others slept in the Khalihan. Jagroop, Chhangu (who are father and son, respectively). Shivpal and Phool Singh came over there at about 1.30 a.m. in the night in the Khalihan and assaulted Ajai Singh with Pharsa and Gandasa. They were identified by the witnesses, who were sleeping in the thrashing floor in the moon lit night and the torch light. When the witnesses tried to save the victim, Chhangu warned them that if anybody dared to intervene, he will be killed. Other persons, who were sleeping in the nearby Khalihan were attracted to the scene of occurrence. When all of them tried to apprehend the assailants, they took to their heels and could not be arrested. They found Ajai Singh unconscious, lying in a pool of blood. Ajeet Singh then brought a bullock cart and took Ajai Singh to police station Narbal at a distance of two miles from the place of incident where he lodged an F.I.R. at 4.40 a.m. on 29.4.1977. Thereafter Ajai Singh was sent to Hospital for medical examination and treatment. S.P. Shukla (PW 9) station officer of Police Station took the investigation of the case in his own hand and recorded statement of Ajeet Singh under Sec. 161 Cr. P.C. Subsequently Ajai Singh died at about 6.40 a.m. in the Hospital. His body was taken to police station where the cast was converted into one under Sec. 302 Indian Penal Code. The inquest report was prepared and then the dead body was sent to mortuary for post-mortem examination. Dr. H.N. Bahadur conducted autopsy on the dead body of Ajai Singh at 2.45 P.M. on 30.4.1977 and found four incised wounds and three abrasions. The Investigating Officer took blood stained clothes in his custody and prepared recovery memos thereof. He also recorded statements of some of the witnesses under Sec. 161 Cr.C.P. and visited the place of occurrence where he recorded statements of eye witnesses, examined the torches and gave them in the Supurdgi and prepared memos thereof. He inspected the spot and prepared site plan. Thereafter he searched for the accused persons but they could not be found. Ultimately he got the proceedings under Sections 82 and 83 Cr. P.C. drawn against the accused-respondents, who surrendered in court. After completing all the necessary formalities he submitted charge sheet against the accused-respondents in court.

(3.) The prosecution examined 9 witnesses in all to prove its case. Out of them, Ajeet Singh (PW 3), Narendrapal Singh (PW 4) and Harmangal Singh (PW 5) are the witnesses of the factum of incident. PW 8 Kesho Prasad Singh was examined to prove the motive regarding illicit relations of the deceased with Bajori. Rest of the witnesses are of formal nature.