NAIN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The sole appellant Nain Singh has filed this appeal under Sec. 374 Criminal Procedure Code against the judgment and order dated 29.7.1982 passed by IInd Additional Sessions Judge Ghaziabad in Sessions Trial No. 106 of 1980 arising out of Crime No. 569 of 79, police station Modi Nagar District Ghaziabad by which the trial Court sentenced him to life imprisonment for offence under Sec. 302, IPC.

(2.) The incident had occurred on account of dispute between the two sides with regard to taking of water from a canal for irrigation of their fields. This incident occurred on 8.7.1979 at 1.30 a.m. in village Phaphrana Police Station Modinagar District Ghaziabad. The prosecution case is that deceased Omvir s/o Khem Chand was irrigating his field by taking water from canal and at that time Satya Pal, his real brother Onkar and Bhola were also present there in the field. At about 1.30 in the night appellant Nain Singh alongwith Satyavan, Mangali and Roshan reached there and asked the deceased Omvir for diverting water to his own field Omvir did not agree to this which resulted into altercation and exchange of abuses between them. It is alleged that the appellant Nain Singh and three co-accused then opened assault on Omvir with lathi and Ballam. Nain Singh with an intention to cause death gave a ballam blow causing injury on the neck of Omvir. This ultimately proved to be fatal and Omvir died on account of this injury at 9.15 a.m. the same day. The informant Jai Pal Singh on receiving information about the incident rushed to the place of occurrence and lodged report of the incident on the same day at 2.30 a.m.

(3.) Injuries suffered by Omvir Singh were examined by doctor at M.M.G. Hospital Ghaziabad at 4.00 a.m. and following injuries were found on him.