AMRIK SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 22.3.1983, passed by the Additional Sessions Judge, Meerut in S.T. No.78 of 1979 (State Vs. Amrik Singh and another) arising out of Crime No. 83 of 1978, P.S. Parikshatgarh, District Meerut, convicting and sentencing the appellants Amrik Singh and Har Kirat Singh on both the counts under Sec. 302 Penal Code and Sec. 302 read with Sec. 34 Penal Code to undergo imprisonment for life.

(2.) The appellants Amrik Singh and Har Kirat Singh have filed this appeal against the aforementioned judgement and order dated 23.1983 on the ground that the learned trial court below has erred in believing the prosecution case and the evidence examined in support thereof and that the conviction of the appellant is against the weight of evidence on record.

(3.) Brief facts of the prosecution case are that on 1.4.1978 at about 11:00 P.M. informant PW-1 Gurnam Singh S/O Preetam Singh gave a written report at police station Parikshitgarh, Sub District Mawana, District Meerut, stating therein that his aunt Ramdeyi Ran Singh had three daughters who were living in their marital homes, hence the informant and his brother Sant Singh took care of their aunt. One daughter of Ramdeyi, Nepal Kaur transferred some land of Ramdeyi to her son Rajinder's name. Around one and half years ago from the date of filing the FIR, Ramdeyi willed her land to the son of informant Gurnam Singh and willed 2 bigha pucca land to PW- 1 Gurnam Singh. On 13 Feb. 1978 Rajinder who was the son of Nepal Kaur transferred his share of land to Amreek Singh, Udham Singh and Har Kirat Singh. Due to this, the informant and his brother entered into a legal dispute with the aforementioned people. The date of the same case was fixed on 31.1978 in Mawana and on 1.4.1978 the case was put up in Meerut Civil Court. The informant's brother Sant Singh went to attend the court for the same. On the day of the alleged incident at around 9:00 PM the informant and his brother Sant Singh went to the Kohloo (Jaggery crusher) of Harpal Singh to process their jaggery. Jahariya and his son Jagram and PW-2 Ramesh worked on the same Kolhu. There was a gas lantern in the kolhu and while the informant was talking to Harpal Singh the kohloo owner, Amreek Singh and his brother Har Kirat Singh came with their guns and started abusing the informant and his brother saying "Aaj inhe mukadmey baazi ka maza chakhate hai" (Today we will teach them a lesson for resorting to litigation). Amrik Singh and Har Kirat Singh fired many shots at Sant Singh the brother of the informant which hit Sant Singh and Jagram the labourer at kolhu. Ramesh also suffered injury on head in the process of saving his brother Jagram. Sant Singh died on the spot due to firearm injuries. The FIR further states that Harpal Singh, Valuvaan Singh, Raj Singh, Rai Singh and several others witnessed the incident. When these people exhorted, the assailants, Amrik Singh and Har Kirat Singh ran away firing gunshots.