STATE OF U P Vs. MALA SINGH

JUDGEMENT

(1.) Mala Singh and Gurdeo Singh were tried and acquitted in Sessions Trial No. 228 of 1981 before the Sessions Judge, Pilibhit. It was a case of double murder of Harnam Singh at the spot and his wife Smt. Kartar Kaur (who died on 2.6.1981 at 4.30 P.M. in District Hospital, Lakhimpur).

(2.) The incident had occurred on 31.5.1981 at about 7.15 P.M. at the hutment of the deceased Harnam Singh in Gurdwara in village Bazarghat Bhagwanpur, O.P. Hazara, Police Station Madhotanda, District Pilibhit. The charge against the accused respondent Mala Singh was under Sec. 302 read with Sec. 34 I.P.C. and against accused respondent Gurdev Singh under Sec. 302 I.P.C. simpliciter. The report was lodged by Amrik Singh PW 2 an eyewitness, son of the deceased on 31.1.1981 at 9.30 P.M. There was a third accused Darshan Singh (brother of Mala Singh) named in the F.I.R. As per the chargesheet, he was absconding. However, it is recorded in the impugned judgment that Darshan Singh was dead by the time the case came up for trial.

(3.) The prosecution case, in brief, was that Harnam Singh deceased was prosecuted for the murder of one Bachan Singh-brother of Mala Singh and Darshan Singh accused. Harnam Singh was convicted and had undergone the imprisonment. One Kartar Singh was also an accused in that case but he was acquitted in appeal. He was subsequently murdered. Mala Singh, Darshan Singh and two others were convicted for his murder. At the time of the present occurrence, their appeal was pending in the Supreme Court. Mala Singh and Darshan Singh were on bail. Litigation was also pending between Harnam Singh and Darshan Singh about certain land and that land had been attached. After the murder of Harnam Singh, those proceedings terminated in favour of his son. In May 1981, Harnam Singh was living in Bazar Ghat, O.P. Hazara, P.S. Madhotanda. He had a Jhala (hutment) in front of which there was some vacant land and then a public lane running north-south. Across the lane was Gurudwara facing east in which Harnam Singh worked as Granthi. Jhala of Harnam Singh had a door towards the east with a Chabutara abutting it. There were bushes towards south and west. On the fateful day at about 7.15 P.M. Harnam Singh returned from Gurudwara and was crossing the road to enter his Jhala Mala Singh and Gurdev Singh along with Darshan Singh emerged from the bushes from south. All of them were armed with guns. They accosted Harnam Singh and said that the matter would be decided that day Raising alarm, Harnam Singh entered his Jhala and tried to shut the door, but Darshan Singh and Gujrdev Singh pushed the gate inside and entered the Jhala. Baghel Singh PW 1 had come from the southern side and Amrik Singh PW 1 son of Harnam Singh was on the northern side of Gurdwara along with one Daryao Singh. They witnessed the occurrence. Mala Singh fired towards the witnesses and commanded them to desist from proceeding further. Meanwhile Darshan Singh fired at Harnam Singh who sustained injuries and fell down. Smt. Kartar Kaur wife of Harnam Singh tried to intervene but she was also shot at by Gurudev Singh, All the three accused made their escape good.