STATE OF U P Vs. NATHU SINGH

JUDGEMENT

(1.) THIS is a Government appeal under Section 378 (3) of the Code of Criminal Procedure against the judgment and order dated 8th May, 1979 recorded by IVth Additional Sessions Judge, Farrukhabad in Session Trial No. 219 of 1977 whereby Nathu Singh respondent No. 1 was acquitted of the offences under Sections 394 read with 397 and 302, I.P.C. and Rajesh, respondent No. 2 was acquitted of the offences under Sections 394 read with 397 and 302 read with 34,i.P.C.

(2.) THE material facts of the occurrence were mentioned in the written first information report (Ext. Ka-1) lodged by Atar Singh P.W. 1 at 2 a.m. on 18.4.1977 at Police Station Mohammadabad. In the midnight of 17th and 18th April, 1977 Atar Singh P.W. 1 with his real brothers Ujagar Singh P.W. 2 and Deep Singh (deceased) has gone out for keeping watch of their Khalihan and the tubewell in the village Khajuri of P.S. Mohammadabad, district Farrukhabad. Deep Singh was having his licensed 12 bore S.B.B.L. Gun No. 3604. When these three brothers were going from their wheat field to their tubewell and reached their tobacco field, Nathu Singh and his brother Rajesh and another unknown person came rushing from the side of the tubewell of Kedar Kisan. THEy flashed torch and asked Atar Singh and brothers to halt there. Rajesh and Nathu Singh caught hold of Deep Singh and the third unknown person caught hold of Ujagar Singh and the latter raised a hue and cry which attracted Veer Sahai and Roop Lal who rushed to the spot. Nathu Singh snatched the gun from Deep Singh and shot him in his chest. THEy immediately escaped with the gun and bandoleer of Deep Singh, towards the railway line. Nathu Singh and Rajesh Singh who were identified in the torch light are the brothers-in-law of Rampal who works as helper to Kedar Kisan. THEre was litigation between Atar Singh and Kedar. Deep Singh fell down on account of gunshot injury.

(3.) DR. S. P. Srivastava P.W. 5 held the post-mortem examination on the dead body of Deep Singh on 22.4.1977 at 3 p.m. vide post-mortem report Ext. Ka- 17 which brings out following abnormalities- Ante mortem injuries :