VIRENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Shri Uma Shanker Gupta, the then Sessions Judge, Non-Metropolitan Area, Kanpur while disposing of Sessions Trial No. 96 of 1976, vide, his order dated 23.8.1978 convicted Virendra Singh on a charge under section 302 of the I.P.C., and Lalan Singh, Babu Singh and Sukhdeo Singh on a charge under section 302 read with section 34 of the I.P.C. Each one of them was awarded imprisonment for life. Feeling aggrieved, they have now come up through this appeal.

(2.) The occurrence took place at about mid day on 15.8.1973 and the victim was Babulal who ultimately died as a result of injuries sustained by him allegedly at the hands of the present appellants. The occurrence took place in the premises of Primary School in village Sughar Deva which lies within the area of police station-Sheorajpur of district-Kanpur. It is contended that Virendra Singh was armed with a pharsa and inflicted as many as nine injuries upon the person of the deceased and one of these injuries, according to the testimony of the doctor could be independently fatal. It is further contended that Lalan Singh was armed with a spear and caused a single punctured wound-injury No. 9 which was chest wall deep on the middle part of the right side of back at the inferior angle of the scapula. The remaining two accused namely Baboo Singh and Sukhdeo Singh were armed with lathis and atleast four injuries with lathis had been caused on different parts of the body.

(3.) The prosecution story, as it emerges from the testimony of the first-informant Gangadhar (P.W. 3) is that his younger brother Babulal was a Mumber of the Sughar Deva Education Committee. He was a Dhanuk (Harijan) by caste. There was an allegation against Lalan Singh-appellant regarding his having unlawfully grabbed land belonging to the Primary School and the Harijans of the village. Babulal bad in this connection moved an application before the Sub-Divisional Magistrate against him. There was an election for the Office of the Pradhan in the village. There were three candidates. Babulal was in support of Ram Narain Singh while Lalan Singh was supporting his own brother Sudarshan Singh. Ram Narain Singh ultimately won the election. An election-petition was filed at the instance of Sudarshan Singh which was pending when this occurrence took place and for this reason also Lalan Singh was bearing ill-will against Babulal. Most probably in connection with the Independence Day Celebrations, a function was being held in Sughar Deva Primary School on the date of this occurrence. Pasted was distributed. As soon as this was over, Lalan Singh who was present, called upon Babulal to explain as to why he was responsible for the moving of an application against him to the Sub-Divisional Magistrate. Babulal retorted that since Lalan Singh had grabbed the land belonging to the Primary School and of the Harijans, he was liable for action. This enraged Lalan Singh who left the place in a rage. Soon thereafter about 12 noon, he returned to the place of occurrence armed with a spear along with Virendra Sine;h armed with a Pharsa, and Sukhdeo Singh and Babu Singh armed with lathis. As soon as he came there, he called upon his associates to kill Babulal and immediately an attack was mounted on Babulal by the appellants with their weapons. Babulal received injuries. He could pick up a danda from the verandah of the School and with it he tried to save himself and in doing so caused injuries to Lalan Singh and Babu Singh. But he was himself very badly injured and he fell down and became unconscious. A large number of persons including Basant, Mullu, Ramnarain Singh, Rajpal Singh, Arjun and the first informant were present and they raised an alarm and the accused persons ran away.