DHARAMVIR Vs. STATE

JUDGEMENT

(1.) This is an appeal against a judgement and order dated 4-5-1978 passed by Sri N.N. Sharma, the then Sessions Judge, Moradabad by which he has convicted all the four appellants under S.302/34, I.P.C. and has sentenced each of them to imprisonment for life and has further convicted Vijai Pal and Chhotey Singh under Ss.307/34, I.P.C. and has sentenced each of them to undergo rigorous imprisonment for seven years. Both the sentences were, however, ordered to run concurrently.

(2.) Dharamvir and Dharam Pal appellants are real brothers. They are residents of village Javra, to which place Phool Singh deceased also belonged. They were friendly to the remaining two appellants. All the appellants are Jats. Jaipal was the elder brother of Phool Singh deceased. He was a person of low intelligence. About two years prior to the occurrence Dharamvir and Dharam Pal appellants got their cousin Vijai Singh married to Smt. Ramesh, daughter of Jaipal despite the objection of Phool Singh deceased. Dharamvir and Dharam Pal appellants were aggrieved because Phool Singh had resisted the said marriage. After the said marriage Dharamvir and Dharam Pal appellants used to visit the place of Jaipal frequently. Phool Singh deceased persuaded his brother Jaipal to stop the said visits of Dharamvir and Dharampal appellants. One month prior to this incident, Phool Singh deceased got Smt. Laxmi, younger daughter of Jaipal, married to one Inderpal to the disliking of Dharamvir and Dhram Pal appellants, who wanted her to be married to one of their relatives named Nambri. It is further said that on the occasion of Shiv Teras' fair in village. Mohammadpur, Dharamvir and Dharampal appellants fell out with Mahendra Singh son-in-law of Phool Singh deceased. It is also the case of the prosecution that one day prior to the incident, i.e. on 7-6-1977, when said Mahendra Singh went to the shop of one Bhukhan Saran in village, Fatehpur Bishnoi, Dharamvir and Dharam Pal appellants surrounded him. In order to save himself Mahendra Singh went upstairs in a room and bolted the door of the said room from inside. On getting the information of the said incident Phool Singh deceased went with his licensed gun to that place and rescued his son-in-law Mahendra Singh. Dharamvir and Dharam Pal appellants had threatened Phool Singh with dire consequence at that time. According to the case of the prosecution, on 8-6-1977 at about 8 p.m. Phool Singh deceased was returning to his house from that place where he had installed engine. When he reached at the north west corner of the house of Buddha Singh in his village Javra, P.S. Chhailaid, district Moradabad, he was way-laid by all the four appellants, who were present at the south-east corner of the nearby house of Ganga Ram, Dharamvir and Dharampal were armed with single barrel guns and Vijaipal and Chhotey Singh were carrying pistols. Dharamvir and Dharampal appellants challenged Phool Singh with the utterance that he was considering himself to be a valiant and that he had, rescued, Mahendra Singh in village Fatehpur Bishnoi at point of gun and so he was not to remain alive. The said altercation attracted Chhuttar Pal Singh informant, Hem Singh and his wife Smt. Lilawati and Uttam Singh living in the vicinity to the place of occurrence. Chhuttar Pal Singh and Hem Singh were carrying torches which they had flashed. Dharamvir appellant then asked Dharam Pal appellant not to get the entire village collected at the place of occurrence but to shoot Phool Singh, on which both these appellants, i.e. Dharamvir and Dharam Pal, fired shots at Phool Singh which hit him. When Hem Singh and his wife Smt. Lilawati proceeded to save Phool Singh, they were fired at by the remaining two appellants, i.e. Vijai Pal and Chhotey Singh, as a result of which they were injured. When some witnesses rushed to the place of occurrence, the appellants ran away. Phool Singh had succumbed to the injuries at the spot. He was carried to his house. Hem Singh and Smt. Lilawati were taken to the district hospital Moradabad on the same night. Chhuttar Pal Singh went to P.S. Chhajlait, situated at a distance of eight miles, on the next day, where he lodged the report of the incident at 10 a.m.

(3.) In support of its case the prosecution examined ten witnesses. P.W. 2 Chhuttar Pal Singh is the son of Phool Singh deceased. He is the informant P.W. 5 Hem Singh and P.W. 7 Smt. Litawati are injured persons. P.W. 6 Uttam Singh is an eye-witness. P.W. 9 Bhukam Saran is a witness of the incident which took place one day prior to the incident P.W. 8 Head Constable Ishtiyaq Mohammad had received the written report of the incident and had registered the case P.W. 1 constable Pyare Lal brought the dead body of Phool Singh for post-mortem examination.