STATE OF UTTAR PRADESH Vs. NAWAB SINGH

JUDGEMENT

(1.) This appeal is directed against the judgement and order dated 18-12-1978, passed by Sri R. P. Jain, the then Sessions Judge, Etawah, whereby he has acquitted the accused- respondent of the charge under S. 302, IPC in Session Trial No. A-184 of 1978.

(2.) Briefly stated, the prosecution case is that deceased Sunder Singh was resident of village Ashanandpur, Police Station Basrehar, district Etawah. Accused-respondent is the son of the maternal uncle of Sunder Singh. Amar Singh, aged about 19 or 20 years, is son of Sunder Singh. Prior to the present incident he had passed High School and he wanted to prosecute his studies further to which his father Sunder Singh was not agreeable. On that account there was a quarrel between Amar Singh on one hand and his father Sunder Singh on the other. In frustration Amar Singh had left the house of Sunder Singh about 6 months prior to the incident and started living with Nawab Singh in village Mugaria within Police Station Sahail, district Etawah. Amar Singh complained to Nawab Singh about all that had happened with him and hence Nawab Singh, along with Amar Singh came to village Ashanandpur at the house of Sunder Singh. Owing to the issue of studies of Amar Singh there was a quarrel between the accused and the deceased and Nawab Singh left village Ashanandpur holding out threat of life to Sunder Singh. On 13-12-1977 Sunder Singh along with his wife Smt. Moti Kunwar (PW 2) and his elder brother Narain Singh (PW 7) was returning from his field at about 6.00 p.m. At that time he was carrying a bundle of Arher-stalks on his head and a burning lantern in the hand. The wife and brother were following him. All of a sudden Nawab Singh and one unknown person emerged out of a sugarcane field and asked Sunder Singh to stop. Nawab Singh remarked that he will not spare him that day and fired a shot with a country made pistol. The shot hit Sunder Singh at his back; as a result of which he fell down on the ground. His wife and brother raised alarm which attracted the villagers and thereafter the accused had run away. Narain Singh put Sunder Singh on his back and brought him home where Sunder Singh dictated FIR to Netrapal (PW 1). Thereafter Sunder Singh was taken on a cot to Police Station Basrehar at a distance of three furlongs where the written report was lodged at 7.00 p.m. on the same day. Sunder Singh was referred to hospital for treatment. Dr. Chandra Prakash (PW 8) medically examined Sunder Singh at 8.00 p.m. on 13-12-1977 and he found a gun shot wound of entry on his back. His condition was serious and the pulse ineffable. A dying declaration of Sunder Singh was recorded in the hospital at 11.40 p.m. on 13-12-1977 by Sri Hargovind Sahai Mathur, Executive Magistrate. Next day he was taken to Kanpur by Smt. Moti Kunwar, Narain Singh, Netrapal Singh, Devi Dayal, Atbal Singh and Rajvir by a train but on reaching the Railway Station Kanpur he died at about 6.00 p.m. and the dead body was cremated at the Ghat of Ganga in Kanpur.

(3.) The investigation of the case was entrusted to Sub-Inspector Jagdamba Lal Srivastawa (PW 11). He visited the place of incident on 13-12-1977 and recorded statements of Smt. Moti Kunwar and Narain Singh under S. 161, Cr. P.C., inspected the lantern and gave it in the Supurdgi of Narain Singh after preparing the Supurdginama. Statements of Netrapal, Devi Dayal, Amar Singh and others were also recorded by him under S. 161, site plan was prepared and blood stained and unstained earth as well as sugarcane leaves stained with blood were taken into custody and their recovery memos were prepared. In the meantime the Investigating Officer received information about the death of Sunder Singh and consequently the case was converted into one under S. 302, I.P.C. and after completion of the investigation a charge-sheet was submitted against the accused-respondent in court.