SHIV KUMAR SINGH Vs. STATE

JUDGEMENT

(1.) ACCUSED Shiv Kumar Singh, Ram Manohar Singh. Shiv Sagar Singh, Indra Pal Singh and Ram Kishore Singh have been convicted by the learned IIlrd Addl. Sessions Judge, Fatehpur, vide his judgment and order dated 3.1.83 passed in S.T. No. 30/81 of that district. The accused Shiv Kumar Singh, Ram Manohar Singh and Shiv Sagar Singh have been sentenced to undergo one year's R.I. on a charge under Section 147, I.P.C. one year's R.I. on a charge under Section 323/149. I.P.C. .............and three years' R.I. on a charge under Section 307/149. ACCUSED Shiv Sagar Singh and Indra Pal Singh have been ordered to undergo 2 years' R.I. on a charge under Section 148, I.P.C. Under other heads, they are similarly sentenced as other co-accused noted above.

(2.) THE prosecution case started on the basis of F.I.R. lodged by Sri Krishna Singh, P.W. 1 at P. S. Ghazipur, distt.Fatehpur on 18.5.79 at 10.30 p.m. THE incident is said to have taken place in the same evening at 5 p.m. THE place of occurrence is 5 miles from the police station. It is alleged that on 18.5.79 the complainant's sons Shiv Lakhan Singh (P.W. 5) and Gyan Singh and grandson Captan Singh were returning after plucking mango fruits from their grove. At about 4 p.m., they reached in their bullock cart infront of the house of accused Shiv Kumar Singh. Shiv Kumar Singh and Ram Manohar Singh, armed with lathis, Shiv Sagar Singh, armed with a Pharsa, Indra Pal Singh, armed with a pistol and Ram Kishore Singh, armed with an axe, all of a sudden appeared on the spot. Ram Manohar Singh exhorted other co-accused to murder these persons. Indra Pal Singh fired at the sons and grandson of the complainant. But they lay down of the bullock cart and warded off the fire shots. THEy raised an alarm and wanted to run away. But the accused attacked them with axe, Pharsa etc. Hearing the alarm Gaya Prasad, Ganga Sagar, P.W. 3, Kali Charan and several other persons of the village arrived. THE complainant's wife Smt. Kalawati, P.W. 2 and daughter Sheelwati rushed to the rescue of the complainant's sons. But the accused assaulted them as well with lathis. When the sons and grandson of the complainant tried to run away, they were fired at by Indra Pal Singh, accused. But this time also, the shots went astray. But their marks were visible on the wall. THEn in order to save the lives of his sons, and grandson, the complainant fired in the air. THE accused escaped. THE accused had thus caused injuries to the sons and grandson, wife and daughter of the complainant with Pharsa, axe, lathis etc. If the complainant would not have fired, these accused would have murdered the sons and grandson as well as wife and daughter of the complainant.

(3.) THE prosecution examined P.W. 1 Sri Krishna Singh, the complainant. He has narrated the entire story as contained in the F.I.R. Additionally, he has said that there was a litigation between him and the accused and on account of this enmity, accused had caused these injuries. P. W. 2 Smt. Kalawati came out of her house after hearing an alarm and in order to rescue her sons, she proceeded towards them when the accused caused injuries to her and her daughter Sheelwati.