SHARWAN KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) S. S. Kulshrestha, J. These all the appeals arise out of the common judgment and order dated 12-3-1980 passed by the Sessions Judge, Kanpur in S. T. No. 71/79 whereby convicting Sri Ganesh Singh, Sri Shrawan Kumar, Sri Patai @ Krishna Kumar and Sri Brij Kishore (who are herein the appellants) for the offences under Section 302 read with Section 34 I PC and sentencing them to undergo imprisonment for life in the aforesaid offences.

(2.) IT is said that the trial Court has not properly appreciated the evidence on record. Merely on conjecture and surmises the guilt has been established against the appellants. Presence of the eye- witness at the time of the incident is said to be doubtful and because of past enmity the appellants have been roped into this case.

(3.) PW 3 Sri Jagannath Dubey, who was accompanying the deceased on that fateful day and was said to be taking care of his agricultural land, was also examined by the prosecution. It was stated by him that there was litigation in the Court of Munsif Hawali, Kanpur with Sri Ganesh Singh (one of the accused ). On each date he used to be taken by the deceased to Kanpur. It was about 4. 00 p. m. when he, the son of the deceased and deceased got down from the passenger train at Rooma Halt Railway Station, there at a little distance he saw Sri Brij Kishore, Sri Patai @ Krishna Kumar and Sri Shrawan Kumar at the platform having country made pistols. Sri Ganesh Singh (brother of the deceased) also came at that place and exhorted that Sri Vikramaditya Singh be killed. On it Sri Patai @ Krishna Kumar and Sri Brij Kishore caught hold Sri Vikramditya Singh and dragged him beneath the Peepal tree, which was at the nearby place, where Sri Shrawan Kumar and Sri Ganesh Singh shot fire from their country made pistols. It was also stated by him that on his raising of alarm witnesses namely Sri Mahendra Singh, Iqbal Singh and Sri Ram Prasad Sharma turned up at the place of incidence. PW 4 Sri Iqbal, who is said to be an eye- witness of this incident, was also examined by the prosecution. He made categorical narration of the incident and told that he was also facing trial (Raja Singh v. Iqbal Singh) in the Court of Special Magistrate, Kanpur. After attending the Court's proceedings on that date he reached at Kanpur Railway Station and caught the passenger train. He got down at Rooma Halt Railway Station at about 4. 00 p. m. He was accompanied by Sri Mahendra Singh and Sri Ram Prasad Sharma. He could also notice Sri Brij Kishore, Sri Patai @ Krishna Kumar and Sri Shrawan Kumar, having country made pistols standing at the platform. Soon thereafter he heard the alarm made by Sri Prithvi Pal Singh, PW 1. Witness further stated that he had seen both Sri Brij Kishore and Sri Patai @ Krishna Kumar catching hold the deceased. He was taken by them beneath the Peepal tree which was near to the railway cabin and Sri Shrawan Kumar and Sri Ganesh Singh shot fire at the deceased. After sustaining firearm injuries Sri Vikramaditya Singh died at the spot instantaneously. Dr. R. S. Pundrik also proved the post- mortem report (Exhibit Ka-14) and made it clear that the cause of death was due to shock and haemorrhage at the result of ante-mortem injuries suffered by the victim.