LAKHAN SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Appellant Lakhan Singh and Subedar Singh have filed this appeal against the order dated 5/11/1977 passed by Additional Sessions Judge (Non Metropolitan Area), Kanpur convicting them for committing the murder of Durga Prasad on 7.1.76 after sunset in village Madda Ka Purwa, hamlet of village Jithrauli, Police Station Gajner, District Kanpur. Appellant Lakhan Singh, who is said to have actually fired the fatal gun-shot, has been convicted under section 302 I.P.C. (simpliciter) while his uncle Subedar Singh, at whose instigation the shot was fired, has been convicted under sections 302/34 I.P.C. However, both of them have been sentenced to imprisonment for life.

(2.) The first information of this case was lodged by Munna Lal (PW-l), who was elder brother of deceased Durga Prasad, on the same night viz. 7-1-76 at 8.30 p.m. at Police Station Gajner, which was at it distance of about 11/2 miles from the spot. According to the prosecution case the relations between informant Munna Lal and his family on the one hand and accused Subedar Singh on the other were strained on account of the Flowing of Nabdan from the house of the accused on the Rasta in front of the house of Munna Lal. Water of this Nabdan was apt to flow towards the door of Munna Lal's house but he prevented the flow of water towards his door by making a Bandha. This resulted into quarrels between the two families because on account of the Bandha erected by Munna Lal, water accumulated in front of the house of appellant Subedar Singh.

(3.) Prosecution story is that on 7/1/1976 a little after sun-set informant Munna Lal (PW-1) was in his shop, while his younger brother Durga Prasad (deceased) was in his Chapter. Jagdeo Singh and Ram Pal Singh came to the shop of Munna Lal for purchasing Bins. At that time appellant Subedar Singh happened to pass through the passage in front of the shop. Jagdeo Singh coughed. Appellant Subedar Singh felt that he was being scoffed. He entered into an altercation with deceased Durga Prasad and abused him and stated that he was ridiculing him. Munna Lal intervened and said that they were poor people and were not ridiculing him and that Jagdeo Singh actually coughed and it should not be taken as scoffing. However, appellant Subedar Singh was not prepared to listen anything and he continued hurling abuses and challenged informant Munna Lal and deceased Durga Prasad as to how they could stop flow of water of the Nabdan and insisted that the same would flow at the door of Munna Lal. On hearing this altercation several persons including Nankoo (PW. 2), Poney Lal (PW-3) and Bhoora (PW-4) arrived there. Appellant Subedar Singh increased hurling abuses and he advanced to remove the Bandha whereupon Munna Lal told him that the Bandha would not be removed at any cost. Thereupon, appellant Subedar Singh instigated his nephew appellant Lakhan Singh that he should bring out his gun and kill. At this appellant Lakhan Singh went to the roof of the house of Subedar Singh took out his licenced gun and from the corner of the roof of the house he fired a gunshot which hit Durga Prasad who was under his Chhapper. Durga Prasad received gun shot injuries and died at the spot.