LAWS(ALL)-2018-1-87

KASHMIR SINGH AND OTHERS Vs. STATE

Decided On January 06, 2018
Kashmir Singh and Others Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This Criminal Appeal has been filed against a judgement and order dated 04.2.1983 passed by the IV Additional Sessions Judge, Mainpuri in S.T. No. 375 of 1981 arising out of case crime No. 150 of 1980, police station Barnahal, district Mainpuri. By the impugned order the learned Additional Sessions Judge has convicted and sentenced the accused-appellants to life imprisonment under section 302/34 IPC.

(2.) In short compass the facts of the case are that on 16.11.1980 a written report was lodged by Basti Ram at the police station Barnahal, district Mainpuri to the effect that one Goonga used to work in the house of his nephew Ram Sanehi. Kashmir Singh, Guru Bux Singh and Gambhir Singh wanted Goonga to work with them, but he did not want. At 00 PM on 15.11.1980, the aforesaid persons after slapping him tried to take him for work, but he did not go. This act of highhandedness was objected by Ram Sanehi. Thereafter the aforesaid three persons started abusing him. Kashmir Singh and Gambhir Singh, who were armed with knife and Guru Bux, who was carrying Lathi by declaring that today they shall not leave him alive, attacked Ram Sanehi with their respective weapon, which resulted in the death of Ram Sanehi. On hearing the abuse and hue and cry, the complainant, Tilak Singh, Prem Chandra, Tej Singh and several other persons of the village rushed to the spot and witnessed Kashmir Singh, Guru Bux Singh and Gambhir Singh assaulting the deceased. After the arrival of the witnesses, the aforesaid persons leaving Ram Sanehi, dead, left the place. As no conveyance for Barnahal was available and on account of being night, he did not come to the police station for reporting the matter. It is further mentioned in the report that necessary action may be taken after lodging the report.

(3.) On the basis of the aforesaid report, a case was registered at case crime No. 150 of 1980 by PW-5 Gulpham Singh, which he proved as Ext-Ka-11, which was entered into G.D. by him, which was proved as Ext. Ka-12.