TUNKU SINGH Vs. NIL

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment and order dtd. 12/10/1982 passed by the 4th Additional Sessions Judge, Fatehpur in S.T. No. 497 of 1981, whereby the learned Sessions Judge convicted the appellants under Sec. 302/34 I.P.C. and sentenced them to imprisonment for life.

(2.) The factual matrix of the case is that upon the alleged incident having taken place on 12/5/1981,wherein Ram Saran Singh, alias Chittoo, had died, a first information report was lodged on 12/5/1981 itself at 21:05 hours under Sec. 302 of I.P.C. which describes an incident of murder that occurred on the same day i.e. on 12/5/1981, at around 16:00 hours. The F.I.R. was lodged by Bachan Singh, who is the complainant and also the husband of the sister of the deceased.

(3.) According to the F.I.R., Bachan Singh and his wife had visited the residence of the deceased, Ram Saran Singh @ Chittoo, on the occasion of the Mundan ceremony, scheduled for 20/5/1981, in the village of Amilihapal. On the day of the incident, Bachan Singh and Ram Saran Singh (deceased) had gone together to the house of Mullu (carpenter), at approximately 16:00 hours. Both sat on a cot (charpai) lying on barotha at Mullu's residence. Meanwhile, Ram Saran Singh asked Mullu to go to the nearby Potter and arrange for supply of hunda (earthen pot) and parai (firewood) required for his son's mundan ceremony on 20/5/1981. While they were engaged in conversation, Bachau Singh and Tunku Singh, both sons of Pratap Singh arrived at the place with countrymade pistols. Bachau Singh, from a very close range, fired a shot at Ram Saran Singh (deceased) at his neck. Second shot was then fired by Tunku Singh. The complainant, Bachan Singh, immediately ran towards the courtyard (angan) out of fear. The witnesses Shiv Saran Singh @ Bagga Singh and many other persons of the village rushed to the spot on hearing the sound of gun shot. On their arrival, the accused persons ran away from the spot. They could not catch the accused persons on account of fear of the fact that the assialants were and with countrymade pistols. It was mentioned that the motive behind the murder was some property dispute. It was alleged that the deceased Ram Saran Singh @ Chhitoo Singh had previously done Pairvi in the transfer of the property by Kailash Singh to his sister's sons Hari Baran Singh and Balwant Singh. Kailash Singh was the cousin brother of Pratap Singh. It was on account of this enmity,Tunku Singh and Bachau Singh had murdered the deceased Ram Saran Singh @ Chhitoo Singh. On receiving gun shot injuries, Ram Saran Singh @ Chhitoo Singh died. Bachan Singh (complainant), leaving the deadbody on the cot under the care of Mullu carpenter and other persons of the village, came to the police station to lodge the F.I.R.