AYODHYA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) N. B. Astiiana, J. Accused Ayodhya Singh has filed this appeal against the judgment and order dated 5-5-82 passed by the then learned Sessions Judge, Banda in S. T. No. 385/81 (Case Crime No. 112 under Sections 302/307, I. P. C. , P. S. Pailani, Banda) convicting him for having committed the murder of Amar Singh along with one unknown person 18th July, 1981 at about 12-30 p. m. in the Chaupal of Jwala Singh in village- Chandwara, P. S. Pailani, Banda and also for causing injuries to Smt. Sushila with the intention of committing her murder at the door of the house of Haura Singh in Village-Chandward, P. S. Pailani upon the same date and time as aforesaid and sentencing him to undergo life imprisonment under the first count and seven rigorous imprisonment under the second count.

(2.) THE prosecution story, in brief, is that Smt. Sharda, widow of Gaya Singh (brother of the appellant) was joint with the appellant. She wanted to have a partition and her share separated. She asked the appellant for the partition but did not listen. On the other hand he started abusing and beating Ver. Smt. Sharda came to PW-1, Bhura Singh and wanted his help for getting the partition done. PW-1, Bhura Singh, collected some respectable persons of the village. A Panchayat was held in the month of Kwanr about two months prior to the incident in question, in which Smt. Sharda was given her half share. THEreafter Smt. Sharda started visiting the house of PW 1, Bhura Singh. THE appellant felt annoyed with PW-1, Bhura Singh, for the aforesaid reasons. At the time of alleged incident the complainant PW-1, Bhura Singh after taking meal was resting on the roof of his house. His wife PW-1, Susheela and their daughter PW-5, Santosh Kumari, after taking meals were sitting near the door of their house. Deceased, Amar Singh son PW-1, Bhura Singh after taking meals was at the Ciiaupal of Jwala Singh. PW-2, Badkn Singh, real brother of PW-4, Susheeki, who ha I come to take her to his house, PW-6, Hazari cousin of PW-1, Bhura Singh, Krishna Pal, Ram Autar, Ram Kishan, Ram Vishal and Shiv Balak were also there. PW- 2, Badku Singh, deceased Amar Singh, Krishna Pal aad Ram Autar were playing cards while sitting over a cot. PW-6, Hazari Lal and Ram Vishal were sitting in the Chaupal while Shiv Balak Singh was sitting on the Chabutra outside the Chaupal. This Chaupal is at a distance of about 50 paces from the house of PW-1, Bhura Singh, and is not visible from there.

(3.) UPON internal examination pleura was found lacerated and perforat ed. Left and right lungs were also lacerated and perforated. About a litre free and clotted blood was found present in chest cavity. 100 gms. of semi-digested food was found in stomach. According to the doctor, death was caused due to shock and haemorrhage as a result of ante-mortem injuries. He was examined as PW-3. In his statements he proved the post-mortem report Ext, Ka-4 and gave out that these injuries were sufficient in the ordinary course to cause death and that the deceased may have died on 18-7-81 at 12-30 p. m.