NATHOO SINGH Vs. STATE

JUDGEMENT

(1.) N. L. Ganguli, J. This appeal of Nathu Singh and Rajvir Singh, both sons of Sardar Singh, is directed against the judgment and order dated 10-6-1980 passed by Sri S. N. Saxena, IIIrd Addl. Sessions Judge, Badaun convicting appellant Nathu Singh under Section 302, I. P. C. and sentencing him to undergo R. I. for life and convicting appellant Rajvir Singh under Section 332/34, I. P. C. and sentencing him to undergo R. I. for life.

(2.) THE deceased Dhianpal Singh and the appellants are closely related. THE pedigree of the family showing closeness of relation is quoted as under: a Mulayam Singh Sardar Singh Mahavir Singh Udaivir Singh Nathu Singh Rajvir Singh (Accused) (Accused) Krishnapal Singh Shripal Singh Dhianpal Singh (Complainant) (Deceased) Deceased Dhianpal Singh was related as Sadhu of appellant Nathi Singh. Nathu Singh had taken a loan of Rs. 2,000 from Dhianpal, deceased about a year back. THE relations between the decease appellants were not strained. THE taking of loan by Nathu Singh was shown to be on the basis of any receipt. Nathu Singh had ton back the amount writhing two months but he had not been able to On the date of occurrence i. e. 26-6-1978 at about 10 a. m. in village Raipura deceased Dhianpal Singh and Krishnapal Singh were loola the roof of their house as it was rainy season. THE house of "i Nathu Singh adjoins towards west of the house of complainant it Singh. THE door of the house of Nathu Singh was in the western. THE deceased Dhianpal Singh while standing on the roof Krishnapal Singh asked Nathu Singh for payment of the loan money, Singh accused was carrying a gun with him, Rajvir Singh, was standing near him. THEy were talking to each about to leave the house for some other place. Co-accused Rajvir hearing, of the demand for repayment of the loan money exhorted accused Nathu Singh to shoot Dhianpal Singh as he had been making the demand almost daily for repayment of the loan money. Appellant Nathu Singh thereafter opened fire upon Dhianpal Singh from his gun, which hit Dhian pal Singh and he fell down on the roof. THE incident was seen by Hakim Singh, Lal Singh and Prem Pal Singh, who were near the Chaupal, close to the place of incident. THE accused-appellants thereafter had escaped in the western direction. Dluanpal Singh had not died instantly. Krishnapal Singh took Dhian Pal Singh for his treatment to Badauu on a bullock tonga Shripal Singh informant drafted the F. I. R. of the incident in his Baithak and proceeded for the Police Station Hazratpur, which was at a distance of about six miles from the village. THE F. I. R. was lodged at 13. 10 hours on 26-6-1978 and a case under Section 307, I. P. C. was registered against Nathu Singh and Rajvir Singh appellants. Dhianpal Singh succumbed to his injuries on way to Badaun between village Alapur and Sakhanu. Krishnapal Singh went to the District Hospital alongwith the deadbody of Dhianpal Singh. THE Police Station Hazratpur where the report under Section 307, I. P. C. was initially registered after receiving information about the death of Dhianpal Singh converted the case under Section 302, I. P. C. THE F. I. R. is proved in the case and marked as Ext. Ka 6. After lodging of the F. I. R. the police investigated the case and charge-sheeted the appellants. THE appellant No. 1 was charged under Section 302, I. P. C. simplifier and the appellant No. 2 was charged under Section 302 read with Section 34, I. P. C. THE accused pleaded not guilty. Rajvir Singh appellant No. 2 denied his presence in the village at the time of incident. He stated that he was in village Gountra where he used to practice medicine.

(3.) PW 1 Shri Pal Singh before the Sessions Court stated the relationship between him and appellants Nathu Singh and Rajvir Singh. He stated that appellants are his uncle according to the relationship. Dhian-pal Singh deceased is the 'sadhu' of Om Pal Singh s/o Nathu Singh. Smt. Atitamati is sister of appellant Nathu Singh. Shanti is the daughter of Atitamati i. e. sisters's daughter (Bhanji) of Nathu Singh appellant. Shanti is married to Vijrendra Pal Singh Advocate of Bareilly. Younger brother of Vijendra Pal Singh i. e. Yogendra Pal Singh is Deputy Govern ment Counsel. This witness also stated that Nathu Singh had taken Rs. 2,000 from Dhian Pal Singh deceased about a year back. Nathu Singh had assured to return the money in two months but he had not been able to return the money. Since the loan money was asked to be repaid, he became inimical.