LALLOO SINGH Vs. STATE

JUDGEMENT

(1.) This appeal has been filed against the impugned judgment and order of conviction dated 24.5.1988 passed by Additional District and Sessions Judge/Special Judge, E.C. Act, Jhansi in S.T. No.115 of 1985, State Vs. Lalloo @ Pahalwan Singh and others, Case Crime No.32 of 1985, P.S. Raksa, District Jhansi under section 302 IPC.

(2.) The brief facts relating to the case are that one Pancham Singh lodged F.I.R. on 3.6.1985 at 4:00 a.m. stating therein that "he resides at the place of his brother-in-law (vernacular matter), Bhagwan Singh in village Punavali Kalan; that Ratan Singh of Punavali Kalan was murdered, in which his brother-in-law Bhagwan Singh along with Majboot Singh and others were falsely implicated by Badam Singh and Lalloo @ Pahalwan; that due to above enmity Narayan Singh, the brother of Bhagwan Singh was murdered by Lalloo and his relatives about 8-10 years ago, but on trial they were acquitted; that due to above enmity yesterday on 6.1985 at about 8:40 p.m. when Majboot Singh was coming to his home and reached around the platform of Karasdev he was abused and chased near house of Lalloo @ Pahalwan and when he ran on way to his home, Punjab Singh chased and caught him infront of the door of Radhey Shyam Srivastava and when he fell down, Lalloo @ Pahalwan caused him injuries with bricks and stones and Punjab Singh by catching hold of him beaten with kicks and fists and they caused his death, which was seen by Mahaval Singh and others, who were threatened to flee by the accused-persons; that thereafter Lalloo and Punjab Singh went to the house of their elder brother Badam Singh, and then Punjab Singh, a Sepoy in R.P.F. reached at the door of Bhagwan Singh and asked for him, on which he called Bhagwan Singh for meeting with Punjab Singh and Punjab Singh by providing a cigarette to Bhagwan Singh, taken him to the platform of the house of his brother Badam Singh; that in the meantime, he and Pushpendra son of Bhagwan Singh came from behind and found that Lalloo @ Pahalwan armed with Pharsa and Mahendra @ Rajan with stones were standing on the way and smelling their bad intentions, asked Bhagwan Singh to come back; that as soon as Bhagwan Singh stood up to return, Punjab Singh caught his collar but he alongwith Pushpendra rescued him and all the three ran towards their home, however Punjab Singh armed with Pharsa caught Bhagwan Singh infront of house of Parmanand, Lalloo wielded Pharsa on him from behind due to which Bhagwan Singh fell down and these people caused multiple injuries to him with Pharsa and stones; that the accused chased him and Pushpendra, and when they were running Attar Singh, the elder brother of Majboot Singh also arrived and seen the incident, but due to fear he entered in the house of blacksmith Hardas and by the time he raised alarm and came back with neighbours and village people, all the three accused had fled away and Bhagwan Singh and Majboot Singh had succumbed to their injuries."

(3.) On the F.I.R. lodged against Lalloo @ Pahalwan, Punjab Singh and Mahendra @ Rajan at Case Crime No.32 of 1985 under section 302 IPC, upon investigation charge sheet was submitted and case was committed to sessions where the Additional Sessions Judge framed charges under sections 302/34 IPC against Lalloo @ Pahalwan Singh and Punjab Singh for the murder of Majboot Singh on 2.6.1985 at 8:40 p.m. and charges of offences under section 302/34 IPC against all the three accused Lalloo @ Pahalwan Singh, Punjab Singh and Mahendra @ Rajan for causing murder of Bhagwan Singh on 2.6.1985 at 9:00 p.m. Accused persons denied from the charges and demanded trial.