SOBRAN SINGH S O RAM RAJA Vs. STATE

JUDGEMENT

(1.) This Criminal appeal has been filed by the appellant Sobaran Singh from jail. It arises from a judgment dated 30.8.97 passed by the Sessions Judge, Lalitpur in S.T. No. 26 of 1988 convicting and sentencing the appellant to imprisonment for life under Section 302 IPC, to rigorous imprisonment for 10 years under Section 307 IPC, and to rigorous imprisonment for one year under Section 309 IPC. The sentences were to run concurrently.

(2.) We have heard Sri Vinay Saran, Amicus Curiae for the appellant and the learned AGA, and have perused the entire record.

(3.) Briefly the prosecution case was that at about 7.30 a.m. Harnam Singh Parmar, a resident of village Gona came to the village Chowkidar Nathoo Ram's house on 4.1.1988 and informed him that his real brother Sobran Singh had some altercation with his wife and the other members of the family about the theft of wood by him from the forest. His wife and the other members of the family had asked him not to indulge in such acts of theft etc. This infuriated Sobaran Singh and he gave axe blows to his wife Smt. Santosh Kunwar, Harnam Singh's wife Smt. Ganesh Kunwar, Rajpal and Dharmendra sons of Harnam Singh. All the four died on the spot. The Chowkidar was also informed that Mahendra Singh, another brother of accused Sobran Singh and Mahendra Singh's brother-in-law Chhatrapel Singh were also given axe blows by the accused and were lying there. Sobaran Singh was roaming about with the axe searching for Harnam Singh and others of the family with intention to cause their deaths also. Nathu Ram, the village chowkidar went to the spot on this information and saw Sobaran Singh roaming about with an axe. Due to fear he could not nab the appellant. The occurrence was seen by Smt. Dev Kunwar, Trilok Singh and several others of the village. The dead bodies were lying on the spot. Leaving the dead bodies on the spot, the village chowkidar Nathoo Ram went to the police station Narhat and gave this information, on the basis whereof a case under Sections 302/307 IPC was registered against he appellant Sobran Singh as Case Crime No. 1/88 on 4.1.88 at 8.15 a.m. (vide Ext. Ka 4)