MAHRAJ SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THE two accused -appellants Mahraj Singh and Harbhan Singh are real brothers who have preferred this appeal against the judgment and order dated 15 -5 -1982 passed by the Sessions Judge, Lalitpur in S.T. No. 13 of 1982. The former has been convicted under Section 302 I.P.C. and sentenced to life imprisonment whereas the latter has been convicted under Section 302 read with Section 109 I.P.C. with sentence of life imprisonment.

(2.) THE incident occurred on 20 -10 -1981 at about 9.00 a.m. near the field of one Banshi in village Binaika Toran, Police Station Jakhaura, District Lalitpur and the F.I.R. was lodged the same day at 11.15 a.m. by an eye -witness Khushal Chand -nephew of the deceased Sunder Lal. The prosecution case as per the F.I.R. and the evidence adduced in the Court may be summarized thus: Sunder Lal deceased had his agricultural land in village Binaika Toran. The day preceding his murder, his cattle had strayed into the field of accused Mahraj Singh and damaged his crop. In the morning of 20 -10 -1981, Sunder Lal was going on his horse from Haar of village Binaika Toran to his Bhuta field to fetch grass therefrom and he was followed by a bullock -cart carrying his nephew Khushal Chand PW 1 and two labourers, Darai PW 2 and Khuman PW 3. At about 9.00 a.m. he alighted from his horse near the field of Banshi at the outskirts of village Binaika Toran to wait for the incoming cart. But before the cart could reach there, the accused Mahraj Singh with an axe in the company of his brother Harbhan Singh approached him (Sunder Lal) to demand compensation with regard to the damage caused to his field the previous day by the cattle (of Sunder Lal). An altercation ensued between the two sides. Accused Harbhan Singh exhorted the other accused Mahraj Singh to kill Sunder Lal with the result that the latter accused assaulted Sunder Lal with his axe causing injury to him. He fell down on the ground but even thereafter Mahraj Singh gave him axe blow. Noticing the occurrence, Khushal Chand PW 1 and his two said companions rushed to the spot of the occurrence in order to apprehend the assailants, but to no effect. Sunder Lal succumbed to his injuries instantaneously at the spot. Khushal Chand then got report of the incident prepared from a co -villager and went to the police station. There he lodged the F.I.R. A case was registered. Investigation followed as usual at the hands of S.I. Nand Kishore Mall PW 7 who proceeded to the spot to find the corpus of the deceased there. He conducted inquest proceedings. He sealed the dead -body of the deceased and sent the same for post -mortem. He collected bloodstained and simple earth from the spot. The accused Mahraj Singh was arrested on 23 -10 -1981. After his arrest, he allegedly made confessional statement and got recovered the axe (the weapon of the offence) from nearby bushes. The other accused Harbhan Singh surrendered in the Court on 31 -10 -1981. Ultimately, a charge -sheet was submitted against both of them.

(3.) THE cause of death was shock and haemorrhage as a result of ante -mortem injuries.