SHIVA NATH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) R. C. Deepak, J. The criminal appeal No. 1063 of 1981 of Shiva Nath Singh and Dhanraj Singh and criminal appeal No. 1520 of 1981 Kunwar Singh and Hargobind Singh arise out of case crime No. 110 of 1978 under Sections 302/34 IPC in S. T. No. 201 of 1979 are connected and under been filed against the judgment and order dated 11-5-1981 passed by Sri L. S. P. Singh, learned IV Additional District and Sessions Judge, Kanpur whereby he convicted the abovenamed appellants under Sections 302/34 IPC. The appellants-accused Shiva Nath Singh and Dhanraj Singh have been awarded life imprisonment whereas the remaining two appellants, being minor, released on probation for good conduct for a period of 3 years. The informant Udai Bhan Singh has preferred criminal revision No. 1162 of 1981 against the sentence of Kunwar Singh and Hargobind Singh. This criminal revision relates to the same subject-matter, therefore, they are heard together and decided by a common judgment and order accordingly.

(2.) THE facts in brief of the prosecution case are that on 29-7-1978 at about 5. 00 a. m. Kanchan Singh (deceased) was lying on a cot in front of his kothri of tube-well, which is situated at a distance of two pharlang from the abadi side. His son, Udai Bhan Singh (informant) was sitting nearby. It is alleged that the accused Shiva Nath Singh, Dhanranj Singh, Kunwar Singh and Hargobind Singh armed with lathis reached there; that surrounded Kanchan Singh and assaulted him with lathis on the exhortation of co- accused Kunwar Singh. On alarm raised by Kanchan Singh and Udai Bhan Singh, the witnesses Jaipal Singh, Laakhan Singh and Sohan Singh reached there and witnessed the occurrence. THEy made a challenge to the accused, who flew from mere leaving Kanchan Singh in an injured condition. He was brought to Derapur Primary Health Centre where his injuries were examinee Dr. Suresh Chand (P. W. 6) the same day at 9. 25 a. m. and he prepared the injury report (Exhibit Ka-10) accordingly. THE reproduction of the injuries is not warranted at this stage, as the injuries found on person of the deceased as disclosed in the injury report and the post-mortem examination report are the same so the injuries found in the post-mortem examination report would be referred at the preceding paragraph.

(3.) HEALED abrasion 2 cm x 1 cm just below (L) knee.