JAGDEO SINGH Vs. STATE

JUDGEMENT

(1.) JAGDEO Singh, Kali Bux Singh, Raj Bux Singh and Parmatma alias Lambardar appellants of Criminal Appeal No. 17 of 1978 stood their trial before the 1st Addl. District and Sessions Judge Barabanki in Sessions Trial No. 359-A of 1974. Through his order dated 2-1-78, passed in that case, the learned Sessions Judge has convicted all of them under Section 302/34 IPC. He has sentenced JAGDEO Singh appellant to death for that offence, whereas the other three appellants have been sentenced to undergo life imprisonment. The connected Criminal Appeal No. 38 of 1978 has been submitted by JAGDEO Singh from jail. The learned Sessions Judge has also made the prescribed reference (No. 2 of 1978) for confirmation of JAGDEO Singh's death sentence.

(2.) PARMATMA appellant is resident of village Chak Ambar Purwa hamlet of Birapur, P. S. Tikait Nagar in the district of Bara Banki whereas the other three appellants are residents of village Semaur which lies within the circle of the same police station. Ratipal Singh, who lost his life in the occurrence complained of, was also a resident of village Semaur. Smt. Chandrawati PW 1, who is the complainant of this case, is Ratipal Singh's widow whereas Smt. Saroj Kumari PW 3 is his daughter. Amar Bahadur PW 2 is the real brother of Smt. Chandrawati complainant. He belongs to village Dhamapur, which is ten miles away from Semaur. He was allegedly staying at the house of the deceased when the occurrence took place. Ratipal Singh was formerly employed in the Army. Later on he took up employment in the R. P. F. He was staying in Semaur for about 15 years prior to the occurrence. Jagdeo Singh appellant is real nephew of Ratipal Singh deceased. The other appellants are said to be Jagdeo Singh's helpers and friends. Raj Bux Singh appellant was the Pradhan of village Semaur at the time of occurrence.

(3.) A written report of the occurrence was prepared by Smt. Saroj Kumari immediately upon complainant's dictation. It was sent to P. S. Tikait- nagar through the village Chaukidar who handed it over there at 12.30 O'clock in the noon. A case was registered against the appellants on the basis of that report which was successively investigated by S. I. Ram Pratap PW 8, S. I. Rameshvvar Pathak PW 7 and S. I. Nagendra Bahadur, who simply submitted the charge sheet.