SATYANAM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THE appellants Satyanam Singh and Jagatpal Singh have been convicted by Additional Sessions Judge, Barabanki in S.T. No.254 of 1993, decided on 11.01.1995, whereby both of them have been convicted and sentenced to undergo rigorous imprisonment of ten years under Section 304 IPC with a fine of Rs.5,000/ - each. It is directed that in case of default in payment of fine, they will further undergo rigorous imprisonment of four months.

(2.) BRIEFLY stated the prosecution case is that deceased Rajesh Kumar, aged about eighteen years son of the informant was grazing his she -buffalo on the date of occurrence i.e. 21.06.1993 near the field where appellants Satyanam Singh and Jagatpal Singh were also present ploughing their field. In the meantime, she -buffalo of the deceased reached near the bullocks and the bullocks feeling disturbed started running here and there. It was on account of this running of the bullocks that they got injured. On this, Satyanam Singh became angry and started abusing the deceased Rajesh Kumar and threatened to see him. After two days of the aforesaid occurrence i.e. 23.06.1993 when the informant Hardeo Singh along with his son Rajesh Kumar and Rakesh Kumar and Malkhan Singh was present, the appellants came armed with 'lathi' and started assaulting Rajesh Kumar with 'lathis'. As a result of severe injuries, Rajes Kumar fell down and while on his way to police station, he expired. A written report was lodged by Hardeo Singh on 23.06.1993 itself at about 4.30 PM, on the basis of which, a case under Section 302 IPC was registered against the appellants and after Punchnama, the dead body of Rajesh Kumar was sent for postmortem. The Investigating Officer after completion of other formalities, submitted charge -sheet against the appellants. The prosecution in order to prove its case, examined six witnesses including the informant Hardeo Singh and eye -witness Malkhan Singh. The learned trial court on appraisal of evidence found the appellants guilty of the offence of committing culpable homicide not amounting to murder and sentenced them as aforesaid.

(3.) I have heard learned counsel for the appellants and learned AGA for the State and have also gone through the record of Session trial.