KRIPAL SINGH Vs. STATE O

JUDGEMENT

(1.) M. Chaudhary, J. This is a criminal appeal filed on behalf of the accused appellants from judgment and order dated 13th of October, 1982 passed by II Additional Sessions Judge, Budaun in Sessions Trial No. 491 of 1980 State v. Kripal Singh and others convicting the accused-appellants under sections 302 and 307 each read with section 34 IPC and sentencing each of them to life imprisonment and rigorous imprisonment for five years respectively there under.

(2.) THE prosecution case as unfolded during the trial in nutshell is that accused Kripal Singh, Urman Singh and Amar Singh are real brothers being sons of Bhim Sen and used to reside at village Barkhera. Siya Ram and Hazari were real brothers being sons of Niranjan Singh and they were also residents of village Barkhera. Neksi is the daughter of Siya Ram. In August, 1980 millet crop was sown by Siya Ram and Hazari in their field situate at the outskirts of Purohit Khera adjoining to south of the field of Kripal Singh and his brothers. At about 9:00 a. m. on 29th of August, 1980 Siya Ram with his brother Hazari and daughter Neksi went to his fields to cut the grass. On reaching their millet field they saw that northern mendh of their field was dismantled and millet crop scrapped in a strip measuring 2-2 1/2 feet in width from east to west. THEn Siya Ram and Hazari asked Kripal Singh and his brothers Urman Singh and Amar Singh present in their field as to why they dismantled the northern ridge of their field and turned millet crop sown there. THEn they told them that they were already prepared to see them. At that time Kripal Singh was armed with his licensed gun and Urman Singh and Amar Singh with lathis. Immediately they assaulted them and Amar Singh and Urman Singh gave lathi blows to Hazari and as Siya Ram tried to save his brother and catch hold of their lathis one lathi blow was given to him and Kripal Singh fired at him with gun twice. On hearing the hue and cry and sound of firing one Bhimsen, Choori Singh and Jasram rushed to the scene of occurrence and challenged the miscreants. All the three threatened them with murder if they followed them further and bolted away. Immediately after making arrangement for a bullock-cart Siya Ram went with Jasram to the police station and asked some of the co-villagers to bring injured Hazari in another bullock cart. On reaching police station Bisauli situate at a distance of four miles from village Barkhera Siya Ram lodged an FIR of the occurrence at 10:45 a. m. that very forenoon. THE police registered a case under sections 307 and 323 IPC. In the meanwhile injured Hazari also reached the police station in bullock cart. SI Dinesh Chand Sharma to whom investigation of the crime was entrusted recorded statements of injured Siya Ram and Hazari at the police station itself.

(3.) SEVEN circular wounds 1/2 cm x 1/2 cm x probing not done in an area of 10 cm x 7 cm over the ventral aspect of left forearm upper half with faint blackening around. Advised X-ray.