GURMEET SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) - This is an appeal against a judgment and order dated 8/12/1978 passed by Sri K.G. Rastogi, the then 1st AddI. Sessions Judge, Rampur by which he has convicted all the aforesaid seven appellants under sections 452, 148 and 302/149, I.P.C. and has sentenced each of them to undergo three years R.I. two years R.I. and imprisonment for life respectively thereunder.

(2.) Shiv Dev Singh, who was accused in this case before the court below but was acquitted, had five sons, namely Joginder Singh, Lakhvendra Singh and Veer Singh appellants and Mahendra Singh and Kapoor Singh. Sadhu Singh alias Chhota appellant is the brother in law (wifes brother) of said Shivdev Singh. One Narayan Singh had two sons, namely Sewa Singh and Gurdev Singh appellants and a daughter named Smt. Satwant, who was married to aforesaid Mahendra Singh, son of Shivdev Singh. The said Narayan Singh had a brother named Sadhu Singh. Gurmeet Singh appellant is the son of said Sadhu Singh. Piara Singh, who had been murdered in this case had six sons, namely P.W. 1 Gulzar Singh, P.W. 2 Hazara. Singh, Balkar Singh deceased, Darshan Singh deceased. Sewa Singh and Karnail Singh. Smt. Surendra Kaur P.W. 3 is the wife of P.W. 2 Hazara Singh and Km. Amarjeet Kaur alias Guddi, a minor girl aged about three years and who was injured, is their daughter. Smt. Amarjeet Kaur is the wife of P.W. 1 Gulzar Singh informant. Smt. Teja Kaur is the wife of Piara Singh deceased.

(3.) About four and half years prior to this incident Shivdev Singh had mortgaged his land measuring 1 acre, for a sum of Rs. 1600/- to Gulzar Singh informant, who had sown ChariT crops over the said land. According to the prosecution Shivdev Singh and his sons on 7.7.1973 started ploughing the said land after uprooting the crops standing therein. The informant and his companions went to that field and restrained Shivdev Singh and his sons from doing the aforesaid, which led to a fight resulting in the murder of Mahendra Singh and Kapoor Singh, i.e. two sons of Shivdev Singh. For the said murder Gulzar Singh informant, his brothers P.W. 2 Hazara Singh, Balkar Singh deceased, Sewa Singh and Karnail Singh as also his uncle Lal Singh, his cousin Gurmeet Singh, his father Piara Singh deceased and co-villagers Charan Singh, Chanan Singh and Malook Singh were prosecuted. In the said case whereas Karnail Singh, Lal Singh and Gurmeet Singh were acquitted, remaining eight persons were convicted and sentenced to life imprisonment. Against the said conviction and sentence the said eight persons had filed an appeal, which was pending in the High Court. During the pendency of the said appeal before the High Court the said persons were enlarged on bail. Their release on bail was not relished by Shivdev Singh and his relations. They used to stare at the said persons whenever they happened to see them.