BADSHAH SINGH Vs. STATE

JUDGEMENT

(1.) This is an appeal by three men, Badshah Singh, Khunni Stngh & Kunwar Singh, against the judgment and order of the learned Additional Sessions Judge of Shahjahanpur. He convicted and sentenced Badshah Singh to seven years' R. I. and a fine of Rs. 200/-, or further rigorous imprisonment for one year in default of payment of fine, under Section 307, I. P. C., Khunni Singh to one year's R. I, and Rs. 50/- fine, or further rigorous imprisonment for three months in default of payment of fine, under Section 323, I. P. C., and Kunwar Singh to six months' R. I under Sections 323/109, I. P. C. Khunni Singh and Kunwar Singh are uncles of Badshah Singh. One other tried along with the appellant, Munshi Singh, was acquitted mainly on the ground that the two main witnesses in this case were inimical to him.

(2.) The prosecution of the appellants was based upon an incident which, it is common. ground, did take place at about 8 a. m. on 12-8-1954 in a plot of land outside village Areli within police station Nigohi in the district of Shahjahanpur. It is common ground that Dular P. W. 1 and his nephew Raja Ram P. W. 3 were ploughing the field when the appellant Badshah Singh came up and tried to prevent them from doing so. Each party claimed to have been in possession of the field and accused the other of aggression. According to the prosecution, Khunni Singh and Kunwar Singh appellants were also with Dadshah Singh and, when Dular refused to accede to the protests of Badshah Singh, Khunni Singh gave Raja Ram a lathi blow and Badshah Singh shot at Dular with a pistol at the instigation of Kunwar Singh.

(3.) Khunni Singh and Kunwar Singh pleaded alibi and Badshah Singh denied having fired at Dular and pleaded that when he protested he was assaulted by Dular and his companions. No counter report was lodged toy any of the appellants, nor did Badshah Singh get himself medically examined. The defence of Badshah Singh and Kunwar Singh was that when subsequently the latter came to know of the incident from the former both of them went to the police station to lodge a report but were prevented from doing so because they were placed under arrest there. No defence was however led in support of this latter plea, nor was any question put relating to that plea to Head Constable Babu Ram P. W. 2, who registered the report lodged by Dular at P. S. Nigohi at 12-20 o'clock on the day of the occurrence, or to S. I. Hari Bhajan P. W. 6, Station Officer of the police station, who investigated the case.