SHIV SAGAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) ACCUSED appellant Shiv Sagar Singh and his three sons, namely, Jagram, Devi Deen and Om Prakash and their associates, namely, Bhawuwa and Chunkauna who were convicted by Sri Brahma Nand, the then IInd Addl. Sessions Judge, Banda vide his judgment and order dated 7.4.1980 under Section 148/324/149, I.P.C. and were sentenced to undergo R I. for a period of two years each under Section 148 and two years R. I. under Section 324/149, I.P.C. have come up in appeal before this court.

(2.) THE prosecution claimed that there was some dispute in between the parties on the point of some Rasta land, over which the accused appellants had put some Jhar and it was removed by injured Shiv Mangal Singh and his family members. On 5.9.1976, at about 1.30 p.m., all the accused appellants had formed an unlawful assembly in village Piparahari, P. S. Pailani, District Banda. THE accused Shiv Sagar Singh was armed with Barchhi and sword. Jagram was armed with a gun, Devi Deen was armed with a gun, Om Prakash was armed with a country made pistol, Bhawuwa Singh was armed with a Barchhi and country- made pistol and Chunkauna was also armed with a gun. All these accused appellants went to the shop of the injured Shiv Mangal Singh. THEy removed the Jhar from the Rasta land and when the injured and his family members asked the accused appellants to refrain from removing the said obstruction, the accused Jagram on the exhortation of Shiv Sagar Singh opened fire by means of his gun and caused the following injuries to Shiv Mangal Singh:

(3.) FOUR witnesses of fact, namely, Shiv Karan Singh P.W. 1, Shiv Mangal Singh P.W. 2, injured, Sheo Balak P.W. 3 and Shiv Adhar P.W. 5 were examined before the trial Court, who all stated that all the six accused appellants had formed an unlawful assembly on the date, time and place of the occurrence and that they were armed with deadly weapons as noted above and in prosecution of the common object of the said unlawful assembly, accused appellant Jag Ram had opened fire on Shiv Mangal Singh and had caused injuries in question.