KOMAL & ANOTHER Vs. STATE OF U P

JUDGEMENT

(1.) The instant criminal appeal against the impugned judgment and order of conviction and sentence dated 12/14 March, 1984 passed by learned Sessions Judge, Jhansi, has been preferred in S.T. No.257 of 1982 arising out of case crime no.30 of 1982, P.S. Garautha, District Jhansi by appellant Komal Singh, Maan Singh and Amar Singh.

(2.) The appeal was admitted and bail was allowed on 21.3.1984. The hearing was concluded and judgment was reserved on 1.5.2017.

(3.) The first information report was lodged under section 307 IPC against Man Singh, Jagat Singh and Komal Singh. Subsequently in place of Maan Singh, Amar Singh was named and included. Maan Singh was found to be in jail in other case. During trial Jagat Singh died and Maan Singh was acquitted. Appellant Komal Singh and Amar Singh were convicted and sentenced to undergo life imprisonment under section 302/34 IPC and 7 years rigorous imprisonment under section 307/34 IPC with the direction that both the sentences shall run concurrently. The first information report was lodged by Raghubeer Singh S/o Vishwanath Singh. According to FIR version after taking meal in the evening of date of occurrence i.e. 06.06.1982 in front of Raghubir Singh his nephew Raj Pal Singh and Hammir Singh were sleeping in their Bada. Near their Bada Natthu S/o Saiyaa Yadav and Dhannu S/o Janggi Yadav were sleeping their at Bada at about 11.00 P.M. in the night. He heard sound of 2-3 fire and voice raised by Rajbeer Singh and Hammir Singh, who tried for help asking him to rush to save them as co-villagers Maan Singh, Jagat Singh Komal Singh were assaulting them. It was a moon light. After hearing their cry and sound of fire informant with Dhannu, Natthu and Bhagwan Singh having their lathies in their hand rushed to the place of incident. He saw Amar Singh, Jagat Singh and Komal Singh were armed with countrymade pistol and one unknown person was with them armed with farsa. They rushed away towards south. He saw and identified them in the moon light. They along-with their associate entered into the Bada and found Raj Pal Singh and Hammir Singh in injured condition. Both have received fire-arm injury on hand and chest. However, prosecution case was that Maan Singh suspected illicit relationship of his wife with Hammir Singh and due to this reason there was grudge and enmity and after getting opportunity they fired shot causing injury. The request was made to register FIR. The report was written on dictation of Raghubeer Singh by scriber Badri Prasad and after hearing contents of the same Raghubeer Singh put her thumb. The chick FIR was prepared by Head Moharrir Mool Chandra Yadav after FIR was lodged at 12.30 in the night of 7.6.1982. The chick FIR was proved as Ext. ka-4. The written report was proved as Ext. ka-3.