HARI SHANKAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Present criminal appeal has been preferred by appellant Hari Shakar Singh against judgment and order of conviction and sentence dated 19.8.1988 passed by VI Additional Sessions Judge, Allahabad in Sessions Trial No.384 of 1986, under Sections 302, 307 IPC, Police Station - Handia, District Allahabad arising out of Case Crime No.152 of 1986, whereby the appellant has been sentenced with life imprisonment for offence under Section 302 IPC. However, he has been acquitted for the offences under Section 307 IPC.

(2.) Facts giving rise to this appeal are that complainant Dharam Pal Singh lodged written report at Police Station -Handia, District Allahabad on 11.6.1986 around 2.40 a.m. regarding the incident having taken place in the same intervening night with averments that complainant along with his elder brother Ram Dutt Singh, Hari Ram Singh, younger brother and brother-in-law Gopi Nath Singh were sleeping near the cattle-shed after taking meal. One illuminated lantern was hanging on a bamboo-peg. At around 12.30 p.m. in the night sound of fire was heard by them and when they woke up and flash the torch, whereupon, they saw Hari Shanker Singh of the same village was having countrymade pistol in his hand and was accompanied by one unknown person, but he can identify him as and when he comes before him. The complainant side tried to catch Hari Shanker Singh, whereupon the another person asked Hari Shanker Singh that in case they would have given any pursuit they should also be fired upon. Due to this the complainant side were scared and both the persons made their escape good. It has been made clear in the first information report that some land in dispute was the cause of the offence and the complainant side had won the case. Deceased Ram Dutt Singh used to conduct and take care of litigation, due to aforesaid reason complainant's elder brother was killed out of envy and the fire hit complainant's son on his left chest. While the complainant along with others was carrying the injured on way to police station on cot, he died. Report be lodged and action be taken. This written report is Exhibit Ka-1, entries were made chik FIR no. 124 at crime no. 152/1986 under Section 302/307 IPC, P.S. Handia, District Allahabad. Relevant entries were also made in the G.D. It is reflected from the record that as soon as the report was lodged at the police station inquest report was prepared. It commenced around 3.00 a.m. and was completed around 4.00 a.m. on 11.06.1986. The Investigating Officer recorded statement of the complainant and other persons present over there in the police station itself, besides preparing the inquest report, he thereafter proceeded to the spot around 10.30 a.m. in the morning on 11.06.1986, where he prepared the site plan. The Investigating Officer also prepared memo of torch, which is exhibit ka-2, besides preparing memo of clothes and cot etc, exhibit ka-3. The Kathari and cot was handed over in the custody of complainant side and a memo of the same was prepared. The Investigating Officer collected sample of plain earth and blood stained earth from the place of occurrence and prepared memo of the same which is exhibit ka-9. The Investigating Officer also prepared memo of lantern which is exhibit ka-21 on record. It is also reflected from the record that after inquest report various papers were prepared and the dead body of Ram Dutt was sent for post mortem examination at the mortuary Allahabad. Post mortem examination of the dead body of Ram Dutt was conducted on 12.06.1986 around 12.00 noon by P.W.-4 Dr. Arjun Kumar. The cause of death was stated to be shock and hammehrage due to ante mortem injuries/ gun shot. This post mortem report has been proved as exhibit ka-6. Besides the Investigating Officer also prepared the site plan exhibit ka-8.

(3.) After completing investigation the Investigating Officer P.W.-5 Ramesh Chandra Pandey submitted charge sheet which is exhibit ka-10. Thereafter, the case of the appellant was committed to the court of sessions where the case was made over for trial to the court of Addl. Sessions Judge-VI, Allahabad, who after hearing the appellant and the prosecution on the point of charge found prima facie ground existing for framing charge under Section 302/307. Charge was read over in Hindi and accused denied the charge and opted for trial. Thereafter, the prosecution was directed to adduce its evidence. The prosecution examined as many as six eye witnesses. P.W.-1 Dharam Pal Singh and P.W.-2 Hari Ram Singh are the witnesses of fact and they have described the fact of presence of appellant at the spot possessing country made pistol in his hand at the relevant time of incident. P.W.-3 Gulab Singh who is stated to have arrived at the place of occurrence after the incident had taken place. P.W.-4 Dr. Arjun Kumar, who conducted post mortem examination of the deceased, P.W.-5 Ramesh Chandra Pandey is the Investigating Officer who has detailed the various steps for completing the investigation. He has also proved filing of charge sheet against the appellant. P.W.-6 Jhallar Prasad Mishra Head Constable, he has proved relevant G.D. as rapat no. 2 the real G.D. whereby a case was registered against the appellant and the same has been proved as exhibit ka-15. Thereafter, evidence for the prosecution has been closed and statement of accused was recorded u/s 313 Cr.P.C. The appellant denied his complicity in the case and stated that Ram Dutt (deceased) might have been killed by some other person at some other place. All the prosecution witnesses Dharam Pal Singh, Hari Ram Singh and Gulab Singh belonged to the same family and they are giving false testimony against him. The defence did not lead any evidence. The learned lower court after considering the evidence and circumstances of the case acquitted the appellant u/s 307 IPC and recorded conviction u/s 302 IPC and thereby sentenced for life imprisonment vide judgment and order dated 19.08.1988 consequently this appeal.