MOHAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Mohan Singh alias Mohan Lal, Bhagwat Singh, Sheo Sampat, Shyam Lal and Raja Ram have preferred this appeal against the Judgment and order dated 13/3/1978 passed by Shri S. Prasad IV Additional Sessions Judge, Fatehpur whereby the learned Sessions Judge has convicted and sentenced all the aforesaid five appellants under section 147 I.P.C. to two years R.I. under section 148, I.P.C. to three year R.I. and under section 302/149 I.P.C. to imprisonment for life. Mohan Singh alias Mohan Lal, appellant is further convicted under section 302 I.P.C. simpliciter and sentenced to imprisonment for life. All the sentences were ordered to run concurrently.

(2.) Brief facts of the prosecution case are that appellants and complaints party belong to the same village Bhurchuni, P.S. Khakheru district Fatehpur. Appellants Mohan Singh alias Mohan Lal and Rajaram are real brothers. Other appellants are their nephews and belong to one party. Vijai Singh alias Udai Pratap Singh (deceased) was cousin of the complainant Man Singh (P.W. 2) It is alleged that Shyam Lal, appellant had initiated a criminal case under section 325 I.P.C. against Vijai Singh alias Udai Pratap Singh (deceased) and certain other persons before the present incident, the trial of which was pending at the time of this incident. A day before this incident Vijai Singh alias Udai Pratap Singh came back after attending the aforesaid case in the court and since then he was lying ill with fever on 7.7.76. On 7.7.76 at about 3.30 p.m. when Vijai Singh alias Udai Pratap Singh was lying ill to aforesaid illness on a cot in a varandah on his roof. All the five appellants armed with guns came near his cot and on exhortation of four co. appellants, Mohan Singh alias Mohan Lal, appellant fired his gun at Vijai Singh alias Udai Pratap Singh from a very close range which hit him below and medical to both nipples and he died on the spot due to that injury. This occurrence is alleged to have been seen by Smt. Chandrakali (P.W. 3) mother of the deceased who raised alarm, which attracted the attention of several persons of the village including, complainant Man Singh Mahendra Pratap Singh alias Kallu (P.W. 4), Ram Bhawan and others who saw all the appellants running away toward the roof of the house of Ram Bhawan through a heap of bricks going towards the roof of Shyam Lal, appellants.

(3.) After the incident was over Smt. Chandrakali narrated all about the incident to the complainant Man Singh who wrote a report Ext. Ka 2 and took it to the public outpost Dhata where he handed it over to constable Moharrir, Sheo Raj Singh on 7/7/1976 at 6.15 p.m. on the basis of which a chick report Ext. Ka.15 was prepared. The case was registered under sections 147/148/149/302, I.P.C. against all the appellants and investigation was entrusted to Shri Bali Karan Singh S.I. (P.W 5) who was present at the police station. He reached on the spot, prepared an Inquest report and after completing all the formalities sent the dead body of Vijai Singh alias Udai Pratap Singh for postmortem. Thereafter he recorded the statements of Man Singh, Smt. Chandrakali, Mahendra Pratap Singh alias Kallu Singh and certain others. He also inspected the spot and prepared site plan Ext. Ka-7. He found heap of bricks towards the west of the house of Ram Bhawan and had shown it in the site plan. He also found bamboos lying there, prepared memo Ext. Ka. 9 and gave the same in the supurdagi of the complainant.