SUNDAR LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 15-12-1979 passed by Sri M. N. Asthna, the then II Additional Sessions Judge, Jalaun at Orai in Sessions Trial No. 176 of 1979 whereby Devi Deen has been convicted under Section 302, I.P.C. simpliciter and sentenced to imprisonment for life. Sunder Lal Swarup alias Kalyan Singh, Narain Das, Ram Adhar, Murlidhar, Shiroman Singh and Narain Das Swarnkar have been convicted under Sections 302/149, I.P.C. and sentenced to imprisonment for life. Budh Singh has been convicted under Section 302 read with Section 109, I.P.C. and sentenced to imprisonment for life. He has also been convicted under Section 29(b) of the Arms Act and sentenced to 3 months' R.I. Sunder Lal, Devi Deen, Ram Swarup alias Kalayan Singh, Narain Das, Ram Adhar, Mulidhar, Shiroman Singh, Narain Das Swarnkar have also been convicted under Section 307, I.P.C. and sentenced to undergo 5 years R.I. Sunder Lal, Devi Deen, Ram Swarup, Narain Das, Shiroman Singh and Narain Das Swarnkar have further been convicted under Section 148, I.P.C. and sentenced to (sic) years' R.I. Ram Adhar and Mulidhar have also been convicted u/S. 147, I.P.C. and sentenced to one years' R.I. Ram Swarup alias Kalyan Singh has also been convicted under Section 27 of the Arms Act and sentenced to two years' R.I.

(2.) The prosecution case, as revealed in the F.I.R., is that Bhagwan Das informant is resident of Village Titra Khalilpur, Police Station Konch, District Jaluan. There is a Gautam Junior High School in the village. Narain Das Swarnkar was Manager of that School. He was removed and Bhanu Singh was elected by the Committee of the School as Manager last year. Narain Das Swarnkar with the help of his companions Sunder Lal and others started another school in thevillage. Students in both the schools were studying. Both the schools were approved by the Educational Authorities. About 20 Bighas of cultivable land was attached with the old school. Both the managers Bhanu Singh as well as Narain Das Swarnkar were considering that the cultivable land to be their own property and hence the proceedings under Section 107, Cr.P.C. took place between them regarding that property. Last year that landed property was cultivated by Bhanu Singh and this year also. On the fateful day, i.e. 30-8-1974 Halke Kachhi ploughman of Bhanu Singh had gone to plough the field, situated near the school. Narain Das Swarnkar and Narain Das Kurmi armed with country made pistols, Sunder Lal, Devi Deeen, Ram Swarup alias Kalyan Singh armed with guns, Ram Adhar and Mulidhar having lathis formed unlawful assembly and they were going to the fields for restraining the other side from cultivating the land of the school. Yashwant Singh, younger brother of Bhanu Singh, was returning after serving breakfast to the ploughman. The informant was also accompanying him at that time. At about 11.00 A.M. both of them met the accused persons. Narain Das Swarnkar and Sunder Lal asked them as to why they were cultivating the field of the school and they would not permit them to cultivate the same that year. Yashwant Singh replied that the field belonged to the old school of which his brother was the Manager, who were they to inter-fere in the cultivation. Then Sunder Lal exhorted his companions to beat them and told them who they were. Yashwant Singh went to the other side of minor canal after crossing the same through the knee deep water of it. Narain Das Swarnkar challenged him in abusive language if he was a man why he was running away. Yashwant Singh and Narain Das started exchange of abuses. There- upon the complainant due to fear turned towards Birora minor and saw the incident. Narain Das Swarnkar fired a shot towards Yashwant Singh (P.W. 9) which hit on his chest. After sustaining gunshot injury he fell down in the water of Rajwaha from its patri. Then Ram Adhar and Murlidhar assaulted him with lathis. The complainant and Yashwant Singh raised alaram which attracted Bhallo P.W. 3 and Khimole who were grazing their cattle nearby. Makhole and Dhandhoo (P.W. 4) who were going to village from their fields, Latore, Meva Lal, Daya Ram, who was aged about 14 years, came there running from the village side reprimanding the accused to save Yashwant Singh. Devi Deen on the exhortation of Sunderlal fired a shot with his gun towards them and challenged them. The shot fired by Devi Deen hit on the body of Daya Ram. Daya Ram took a turn and fell down. When Bhalloo (P.W. 3) came foreward to rescue him Shiroman fired a shot with country made pistol which hit him. He returned and ran away. Kalyan Singh who was armed with gun of his father Budh Singh fired a shot which hit Dhandhoo (P.W. 4). Narain Das caused fire arm injuries with his country made pistol on the person of Khimole and Makhole. Daya Ram, Yashwant Singh, Bhalloo and Dhandhoo sustained serious injuries in the incident and they were taken to Konch Hospital where Daya Ram succumbed to his injuries while he was being taken down at the Hospital. The informant, leaving dead body of Daya Ram in the care of his uncle Tulsi went to police station. Other injured persons were also following him to the police station. He apprehended danger to his and other's life from Sunder Lal and others. He lodged an F.I.R. at 3.15 p.m. on 30-8-1974 at police station Konch, which is at a distance of 7 miles from the place of occurrence.

(3.) The case was registered in the presence of P.W. 13 Lal Singh, Station Officer, who took up the investigation in his hand. He recorded the statement of informant Bhagwan Das at the police station itself. He proceeded to the place of occurrence where he reached at 6 p.m. and recorded the statement of Mewa Lal, Latore, Khimole, Makhole and others under Section 161 Cr.P.C. He took the shirt of Khimole as he found the sign of gunshot on it. He remained in the village throughout the night. He did not conduct further investigation that day due to paucity of light. Next day i.e. 31-8-1974 he again started investigation at 7.30 a.m. and inspected the venue and prepared a site plan. He collected 5 discharged cartridges of 12 bore from the spot. He collected 12 tiklies and 5 wads and prepared relevant memos thereof. He recorded the statement of Balwan, Parmanand, Brindawan, Veer Singh, another Brindawan son of Shyam Lal, Kunji and others under Section 161, Cr.P.C. He went in search for the accused persons. He recovered a licensed gun of 12 bore of Budh Singh in the presence of Babu, Ghan Lal, Janak Dulari wife of Budh Singh and relevant memo was prepared. Next day he reached the Hospital about 6.00 p.m. where he interrogated Yashwant Singh, Bhalloo, Dhandhoo. Their blood stained clothes were also taken into custody and relevant memos thereof were prepared. On 2-9-1974 he again went to the village of occurrence where he arrested Budh Singh.