RANJEET SINGH Vs. STATE

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and order dated 30.7.1979 passed by Sri Ramji Lal, the then IVth Additional District and Session Judge, Bareilly, whereby all the three appellants have been convicted under Section 147, I.P.C. and sentenced to one year's rigorous imprisonment and under Section 323/149, I.P.C. each of them has been awarded six months' rigorous imprisonment in Session Trial No. 119 of 1978 with a direction to run both the sentences concurrently.

(2.) BRIEFLY stated, the prosecution case was that Kamta Prasad, the informant, was resident of village Nagla Matoli within police station Fateh Ganj (West) district Bareilly. Jawahar Singh, Jamuna Prasad and others, who were residents of the same village, were on inimical terms with the informant due to old litigations. Proceedings under Section 107/116, Cr. P.C. were also going on between the parties which had terminated a few days prior to the incident, giving rise to the present litigation. The informant, his brother Rajendra Singh, his son Atal Singh, Heera Lal and Balbir Singh had gone to the house of Chhail Behari and Bishambhar Singh for Holi Milan where they found Ranjit Singh, Ram Bharosey, Sapattar Singh, Omprakash, Anangpal, Durgpal and Shivraj Singh armed with lathis. They told that complete Holi Milan of the complainant party be celebrated today. The informant and his associates had smelt their ill intention and, therefore, they returned back to their houses and sat down on their Chabutra, Anangpal Singh, Ram Pal and Heera Lal also had come there for the purpose of Holi Milan. It was at about sunset when the 14 accused persons, namely Ranjit Singh, Shiv Raj Singh, Ram Prasad, Anangpal, Omprakash son of Khajan Singh, Gangaram, Ram Bharosey, Jawahar Singh, Bhagwan Das, Drigpal, Nankoo Singh, Sapattar Singh, Jamuna Prasad and Omprakash son of Jawahar Singh, came there with various arms in their hands. Jawahar Singh and Omprakash son of Khajan were carrying a Pistol and Revolver, respectively, Ram Prasad, Ranjit Singh, Shivraj Singh started beating the complainant and his accomplices. In the meantime some ladies had come there who were also assaulted. Omprakash son of Jawahar fired a shot on the cattle shed of the informant while his accomplices started demolishing the Chabutra and a wall of the complainant. Informant Kamta Prasad, his brothers Balbir Singh and Rajendra Singh, mother Smt. Chandrawati and a girl, namely Smt. Brahma Devi, sustained injuries. The accused persons thereafter lay siege of the house of the informant and kept on throwing brick-bats, spelling out that none of the inmates be spared. When the accused persons retreated to their houses, the informant and his family members came out of the house and next morning all the injured persons were taken to police station by Kamta Prasad which was at a distance of 7 miles from Nagla Matoli. There an F.I.R. was lodged on 7.3.77 at 12.10 p.m. by Kamta Prasad. After registration of the crime, blood stained shirt and a muffler were taken into custody at the police station itself and recovery memos in respect thereof were prepared. Relevant papers were handed over to Dharam Chand S.O. (P.M. 4) in Qasba Fatehganj, while he was about to leave to village Ballia. He returned back to police station the same day and recorded statements of the informant and other injured persons at the police station. He has also taken down the statements of the witnesses of recovery memos aforesaid and also of the Head Moharrir, who prepared the chick report. Thereafter all the injured persons were referred to Hospital for their medical examination and he himself left to the spot where he arrested Sapattar Singh, Ram Bharosey and Ranjit Singh in the village and interrogated some witnesses and also inspected spot and prepared its site plan. He found chabutra and the wall of the house of the informant demolished. Chappar of the complainant was also burnt and reduced to ashes. Remaining accused persons could not be found in the village and they surrendered in court.

(3.) THE prosecution examined four witnesses in all to prove its case. Out of them Kamta Prasad (P.W.I), Balbir Singh (P.W.2) and Heera Lal (P.W.3) were eyewitnesses of the incident while Dharam Chand (P.W.4) was the Investigating Officer.