PRITAM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) K. D. Shahi, J. This appeal has been preferred against the judgment and order dated 9-11-1978 passed by Shri B. D. Maurya, the then Additional Sessions Judge, Hamirpur, in Sessions Trial No. 228-A of 1974, whereby appellants Pritam Singh and Niranjan Singh have been con victed under Sections 148, 302, 302/149, 307/149, 323/149 and 307/149 of Indian Penal Code and sentenced to one year's R. I. , imprisonment for life, 3 years' R. I. , 6 months' R. I. and 3 years' R. I. respectively. Appellants Abhai Raj Singh and Nirbhai Singh have been convicted under Sections 148, 302, 302/149, 307/149 323/149 and 307/149 of Indian Penal Code and sen tenced to one year's R. I. imprisonment for life, 3years' R. I. , 6 months' R. I. and3years' R. I. respectively. Appellants Debi Dayal Singh and Shiv Pal Singh have also been convicted under Section 147,302/149,302, 323/149 and 307/149 of Indian Penal Code and sentenced to 6 months' R. I. imprison ment for life, 3 years' R. I. , 6 months R. I. and 3 years' R. I. respectively. Appellant Shiv Pal Singh has further been convicted under Sections 148, 307, 302/149 and 307/149 of Indian Penal Code and sen tenced to one year's R. I. , 3 years' R. I. , imprisonment for life; 3 years' R. I. and 6 months' R. I. respectively. All the senten ces have been directed to run concurrently.

(2.) THE brief facts of the case are that there was old enmity between the complainant side and accused Pritam and a case under Section 107/117 Cr. P. C. was pending. On the side of the complainant Atbal Singh, Baldeo Singh, Mrigraj, Shami Ullah, Maboo Singh were parties while on the side of the accused Pritam Singh, Abhai Raj Singh, Niranjan Singh and Debi Dayal Singh were the parties. On 19-7-1974, the complainant and his son Rajendra Singh and his nephew Mangat Singh were going to Hamirpur to attend the case. THEy were also accompanied by Naseem Ahmad son of Samiullah, Lalloo and Shiv Pal, who were going to Hamirpur for their personal work from village Mawai Jaar. THE complainant and the aforemen tioned persons went up to village Kwasa on foot and from there they boarded a truck and sat towards back side. At about 8. 00 a. m. when they reached village Lalpura, the truck was stopped all of a sudden and the accused persons emerged. Accused Pritam Singh armed with Pharsa, Niranjan Singh armed with Ballam, Abhai Raj Singh armed with Pharsa, Nirbhai Singh armed with Ballam, Debi Dayal Singh armed with lathi and Shiv Pal Singh armed with single barrel gun came there. THEy came towards the back side of the truck. Smelling the danger, the complainant, deceased and other persons came down from the truck. Accused persons exhorted and Shiv Pal Singh fired. On this Mangal Singh ran and caught hold of the gun of Shiv Pal. Accused Pritam Singh attacked Mangal Singh with his Pharsa which hit in the back of the head of Mangal Singh. Mangal Singh started to run. Accused Niranjan Singh attacked Mangal Singh by Ballam and killed him. Accused Abhai Raj Singh, Nirbhai Singh and Devi Dayal at tacked Rajendra Singh and killed himty a Pharsa, Ballam and lathi. When the com plainant and others rushed to save the victim and asked the accused persons not to kill then accused Devi Dayal injured the complainant, Naseem Ahmad and Lalloo by Lathi. THE occurrence was also wit nessed by Chandra Pal Singh Thakur of village Kumahupur.

(3.) ON 20-7-1974, the Investigating Officer Ganga Singh (P. W. 10) made a search for the accused persons, but he could not get any clue about them. ON 21-7-1974, he interrogated the owner of Truck No. UPG- 5916 in which the victims and the witnesses were said to have been travelling on the fateful day. ON 26- 7-1974, he got the two accused persons on police remand and brought them to village Wari and in presence of public witnesses namely Shiv Baran and Ram Sewak recovered Pharsa from a Nala known as Kathoran Nala on the pointing of accused Abhai Raj Singh. Thereafter, the Investigating Officer reached village Mawai Jaar alongwith accused Pritam Singh at 5. 30 p. m. He took public witnesses, namely, Jodha alias Kali Charan and Mathura Kachhi. He recovered Pharsa and Ballam at the pointing of accused Pritam Singh from the Atari of his house.