SINGHPAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This is an appeal filed by the accused appellant from judgment and order dated 8th of December 1981 passed by Sessions Judge Mainpuri in Sessions Trial No. 40 of 1981 State v. Singh Pal Singh convicting him under Section 302 IPC and sentencing him to imprisonment for life thereunder.

(2.) Brief facts giving rise to this appeal are that at about 9:30 a.m. on 12th of November 1980 Smt. Maya Devi lodged an FIR at police station Bewar District Mainpuri alleging that at about 8:00 a.m. that very morning her husband Siya Ram was going from his village Harsinghpur to town Mainpuri to see his sister and she was accompanying him to see him off. Her co-villagers Mohar Pal and Nek Ram were also going to Bewar behind them. As they crossed the bridge of Kali river and proceeded towards Bewar Singhpal Singh holding his gun on the bicycle reached there and standing 3-4 paces ahead from Siya Ram told him that now he will see the result of taking his land and fired at him with gun and sustaining the firearm injury Siya Ram fell down and Singhpal Singh ran away on his bicycle towards the village. Then Maya Devi with the help of Moharpal and Nekram took her injured husband in a private bus to Bewar and before reaching the bus stand she alongwith Moharpal and Nekram alighted with her injured husband from the bus and got report of the incident scribed by one Rajcev, resident of her village. Immediately thereafter she taking her injured husband Siya Ram went to the police station Bewar and handed over written report of the occurrence to the police there. The police registered a crime against the accused under Section 307 IPC and got injured Siya Ram sent to Bewar Primary Health Centre but Siya Ram succumbed to the injuries sustained by him in the said incident by the time he reached the gate of the Hospital. Then on receiving information regarding death of Siya Ram the police altered the crime under Section 302 IPC vide GD entry no. 16 at 10:15 a.m. the same morning. Station Officer Indrajeet Sharma who took up investigation of the case in his hands went to the Hospital where the dead body of Siyaram was kept and drew inquest proceedings on the dead body and prepared inquest report (Ext Ka 12) and other necessary papers (Exts Ka 13 to Ka 17) and handed over the dead body in a sealed cover alongwith necessary papers to constables Mohan Singh and Ishaq Singh for being taken for its post mortem. Then he recorded statements of Maya Devi and other eye witnesses and went to the scene of occurrence. He inspected the site and prepared its site-plan map (Ext Ka 18). He also collected blood stained koltar and concrete and simple koltar and concrete therefrom and prepared its memo (Ext Ka 19).

(3.) Autopsy conducted on the dead body of Siya Ram by Dr S C Dubey EMO District Hospital Mainpuri on 12th of November 1980 at 3:45 p.m. revealed below noted ante mortem injury on the dead body: