STATE OF U P Vs. MAHTAB SINGH

JUDGEMENT

(1.) Mahtab Singh and his son Jai Pal Singh were tried before IV Additional Sessions Judge, Farrukhabad who has recorded their acquittal through judgement dated 20.12.2000 in question. The charge against both of them was of Sec. 302 read with Sec. 34 I.P.C. Mahtab Singh was also charged under Sec. 4/25 of Arms Act.

(2.) The murder of one Ganga Singh took place in this incident which occurred on 28.9.1990 at about 9.00 P.M. in Mohalla Gandhi Nagar in the town of Kampil, Police Station Kampil, District Farrukhabad. The report was lodged the same day at 9.55 P.M. by an eyewitness Vinod brother of the deceased. The deceased was returning after taking bin from the betel shop of Rajpher. Mahtab Singh and his son Jai Pal Singh were in the way. The deceased Ganga Singh demanded his outstanding dues from Mahtab Singh. Instead of paying the same, he started hurling abuses. When Ganga Singh objected to it, he (Mahtab Singh) commanded his son Jai Pal Singh to catch hold of Ganga Singh and he himself (Mahtab Singh) cave vicious knife jab to him. On receiving the injury, Ganga Singh fell down at the triangle. The incident was witnessed by the informant and Rati Ram who were sitting in the Chhappar of the Chakki as also by Ashsrfi Lal. The accused then ran away. The injured was sent to Kaimganj hospital through Asharfi Lal, Balbir Singh and Shyam Singh and report was lodged by the complainant. By the time he could be reached to Community Health Centre at Kaimganj, he had already died. Dr. G.K. Singh PW 5 of Community Health Centre, Kaimganj sent a memo ( Ext. Ka-3) in this behalf to S.H.O., Police Station Kayamganj, District Farrukhabad at 10.10 P.M. on 28.9.1990 The investigation was started by S.I. R.B. Singh and taken over by S.O. Ram Pati Ram w.e.f. 29.9.1990. Post mortem over the dead body of the deceased was conducted on 29.9.1990 at 3.45 P.M. by Dr. Manohar Singhal PW 4, The deceased was aged about 35 years and about % day i had passed since he died. The following ante-mortem injury was; found on his person:-

(3.) The deceased had died due to shock and hemorrhage as a result of ante-mortem injury sustained by him.