AMAR PAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an appeal under Section 374 (2), Cr. P. C. by Amar Pal Singh, Jai Pal Singh, Harpal Singh, sons of Ganga Ram Singh Jat, and Harbansh Singh son of Thana Singh against judgment and order dated 5. 11. 1981 passed by the Addl. Sessions Judge II, Moradabad in ST. No. 593 of 1978, State v. Jai Pal Singh and three others, whereby he has convicted appellant No. 1 Amar Pal Singh under Section 302/34, I. PC. and 307, I. PC. and sentenced him to life imprisonment and five years rigorous imprisonment respectively, whereas appellants Jai Pal Singh, Harpal Singh and Harbansh Singh have been convicted under Section 302/34, I. PC. alone and sentenced to life imprisonment. The case relates to police station Hasanpur district Moradabad and has arisen out of crime No. 149 of 1978.

(2.) THE prosecution case in short is that on 14. 7. 1978 at about 3 P. M. in village Hafijpur within the circle of police station Hasanpur district Moradabad one Khem Singh, father of Chetan Singh was done to death at Rathkhana (chariotyard) of Ram Kunwar P. W. 2. It was alleged that deceased Khem Singh was named as accused in murder case of Chandra Bhan who was related to the present appellant. He was, however, released on bail in the said murder case. On account of this enmity, the appellants were looking for an opportunity to kill Khem Singh.

(3.) ACTING upon this report lodged by Chetan Singh, investigation of the crime was taken up by Sri Raja Ram Nagar, P. W. 8, who was posted as Station Officer of the police station. He immediately proceeded to the place of occurrence along with the assisting police force and sent the injured Ram Kunwar for medical examination and directed Sub Inspector Sri Atar Singh Malik P. W. 4 to hold in quest on the body of deceased Khem Singh on the spot. Search of the accused persons was made but they could not be apprehended. He then recorded the statement of the first informant as well as the statements of the witnesses Raj Pal Singh, Preetam Singh, Dharm Singh and Khacheru Singh. Site plan of the place of occurrence was prepared on the next day, i. e. 15. 7. 1978. The statement of injured Ram Kunwar under Section 161, Cr. P. C. was, however recorded on 28. 7. 1978, i. e. 14 days after the incident.