RANVIR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Rahul Misra, learned counsel for the surviving appellant, Omkar; Mr. G.N. Kanaujiya, learned A.G.A.-I for the State/opposite party and perused the record.

(2.) This criminal appeal has been filed by accused-appellants, Ranvir Singh, Omkar, Mangey Ram and Hem Raj Singh against the judgment and order dtd. 26/7/1984 of learned Trial Court passed in Sessions Trial No. 163 of 1979 (State v. Ranvir Singh and others) arising out of Case Crime No. 4 of 1979, under Sec. 302/34 IPC, Police Station Muradnagar, District Ghaziabad.

(3.) Brief facts of the case are that informant Gajraj Singh (PW- 7) got scribed the written report, Exhibit Ka-10, by Bhanwar Singh and lodged an F.I.R., Exhibit Ka-2, on 5/1/1979 at 07:00 A.M. against Ranvir Singh, Omkar Singh, Mangey Ram and Hem Raj Singh alleging inter alia that "litigation is going on between us and our uncle Ranvir and grandfather Chunni, who have been living for some time in village Pathauli, and they have executed an agreement of the land in favour of Mangey Ram and Hem Raj of our village, and now both the parties have joined together. My father, who was pursuing the land case, while he was alive, these people had no hope of winning the case. Therefore, they were planning to kill my father (Shyam Singh). Today on 5/1/1979 at about 6:30 A.M., my father and my maternal uncle (Segram) were coming from the jungle when they reached near Mahavir's chak and the fields of Brahmapal Singh, then from the sugar-cane field of Mahavir Singh, Ranvir Singh s/o Chunni, Omkar Singh s/o Ranvir Singh, Mangey Ram and Hem Raj s/o Chhajju Singh came out and all four surrounded my father. Ranvir Singh and Hem Raj had knives in their hands. Mangey Ram and Omkar Singh had country-made pistols. These persons said that today we will give you taste of litigation. All of them suddenly attacked upon him with country-made pistols and knives and caused injuries to him. After receiving injuries, he fell down and succumbed to death. This incident was witnessed by Segram s/o Dharm Singh, resident of village Saidpur, Balkishan s/o Harpal Singh, Veersen s/o Aman Singh, Jhabbar Singh s/o Itwara, resident of village Abupur. My father's dead body is lying at the spot. Please get my report lodged and appropriate action be taken."