BALBIR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This criminal appeal has been filed by Balbir Singh and Rampal, appellants against the judgment and order dated 28-3-1978 passed by IV Addl. Sessions Judge, Aligarh in Sessions Trial No. 415 of 1976 where by appellant No. 1 Balbir stands convicted under S. 302, I.P.C. and appellant No. 2 Rampal stands convicted under Section 302/34, IPC and the sentence awarded to both of them is imprisonment for life.

(2.) The charge against the appellant Balbir was that on 5-8-1976 at about 5 p.m. on the Patri of Bamba Baroda in village Ganeshpur, police station Khair, Aligarh he committed the murder of Jagmal by intentionally causing his death by firing from his licensed gun and thereby committed the offence punishable under Section 302, IPC. Likewise, the charge against Rampal was that he having accompanied co-accuased appellant Balbir in furtherance of their common intention caused the death of Jagmal Singh and he thereby committed an offence punishable under Section 302/34, IPC.

(3.) According to the prosecution case Jagmal deceased was the father of informant Udai Singh Raghav P.W. 1. The accused and those two were residents of village Sahajpura police station, Khair, Aligarh. In 1960 Jagmal Singh fought election for the office of Pradhan against Gajraj Singh, father of appellant No. 1, Balbir Singh and was declared elected. In 1969 Balbir Singh got Jagmal Singh suspended from the office of Pradhan. In 1972 proceedings under Section 107/117, Cr.P.C. ensured but ended in compromise. In 1976 yet another proceedings under Section 107/16, Cr.P.C. commenced. In the party of Balbir Singh appellant there were 12 persons including P. W. 4, Lallu Ram Sharma. Similarly, in the party of Atte Khan there were 15 persons which included deceased Jagmal Singh, Bahadur Khan, P.W.2 and Bhoop Singh. Therefore, enmity persisted between the two sides. On 5-8-1976 both the parties had come to the court of S.D.M. Khair in those proceedings under Section 107/ 116, Cr.P.C. By about 3.30 p.m. a date was given and the case stood adjourned. On the talk of compromise some altercation took place which resulted in exchange of abuses. However, the matter having subsided then, P.W. 1 Udai Singh Raghav, his father Jagmal Singh deceased, Lallu Ram Sharma, P. W. 4, Bhoop Singh Shyam Lal, P.W.3, Bahadur Khan, P.W.2 and Ahmad Sayeed, P. W. 5 proceeded on their bicycles to village Sahajpura. When they had reached Rajbaha Baroda Bamba Ki Patri near village Resari at about 5 p.m., P.W. 1 Udai Singh and Lallu Ram Sharma P. W. 4 were ahead of the deceased by about 10 yards while Bahadur Khan and Ahmad Saeed were about 40-50 yards behind him and Shyam Lal, P. W. 3 and Bhoop Singh were about 80 yards behind. Just at that moment a motor-cycle being driven by appellant Rampal having Balbir Singh seated on it passed by the side of the deceased. They stopped the motor-cycle and got down. Appellant Balbir Singh incited 'Aja sale Bachkar nahin jayega'. Balbir Singh was having his double barrel gun. On being challenged by accused Balbir Singh the deceased Jagmal Singh ran towards the back side. Appellant Rampal then exhorted to Balbir 'Mar sale main goli'. The appellant Balbir Singh immediately obliged and pushed the trigger of his double barrel gun and a bullet hit back portion of the deceased which left him staggering up to five paces when he fell down on the patri of' Bamba. At this stage Rampal Singh rushed to the deceased, caught hold of him and asked appellant Balbir Singh to fire on his head and immediately Balbir Singh placed the barrel of his gun near the right ear of Jagmal Singh and fired the second shot which struck and came out of the other side of the head killing Jagmal Singh instantaneously. The gun was re-loaded by Balbir Singh to threaten all the witnesses that if anyone were to interfere they will be massacred and after this both the appellants fled away towards village Sahajpura on their motor-cycle.