DEVENDRA SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order of conviction dated 30-10-1979, passed by Shri Ram Singh the then Sessions Judge, Ballia, in Session Trial No. 232 of 1978, convicting and sentencing the accused appellants named above under Section 302/34, I.P.C. to imprisonment for life and further under Section 307/34, I.P.C. to four years R.I. each. The sentences were to run concurrently.

(2.) The prosecution case briefly states is as follows :-Accused appellants Devendra Singh and Surendra Singh are real brothers. Tej Narain Singh and Shreeram Singh are said to be their close associates. They were all residents of village Gaighat, police station Sahatwar, district Ballia (U.P.) PW 5 Shashi Shekher Singh injured was the son of Narsingh Prasad. Narsingh Prasad was originally a resident of Alam Nagar, Bihar. He was Thakur by caste. He had four sons, out of whom Shashi Shekhar Singh (PW 5) was given in adoption in the family of Ram Briksh Singh. He was brought up by Ram Briksh Singh. Narsingh Prasad had his cultivation in Alam Nagar. Ram Briksh Singh had also his agricultural plots at Alam Nagar. Ram Briksh Singh, the adoptive father of Shashi Shekher Singh (PW 5) was a resident of village Gaighat, Ballia. Ram Briksh Singh and Nar Singh Prasad were good friends. He was a Nikambh Thakur by caste. The deceased Smt. Mukhbadni Devi was the wife of Ram Briksh Singh and as such she became the mother of Sashi Shekher Singh after his adoption by Ram Briksh Singh. Ram Briksh Singh had his agricultural plots in Gaighat, district Ballia. Ram Briksh Singh had two brothers viz. Ram Paribhan Singh and Jagdish Singh. Ram Paribhan Singh in turn had four sons viz. Devendra Singh (A-1) Lallan Singh (accused since acquitted), Surendra Singh (A-2) and one another. The prosecution claimed that there was a partition in between Ram Briksh Singh, the husband of the deceased and his brothers in respect of the house and all other properties including agricultural plots. Since Ram Briksh Singh had no issue, he had taken (PW 5) Shashi Shekher Singh in adoption. After the partition of properties, Ram Paridhan Singh, the father of accused appellant Devendra Singh and Surendra Singh had constructed his separate house. Ram Briksh Singh died in the year 1969. After his death the agricultural plots held by Ram Briksh Singh at Alam Nagar, Bihar and Gaighat, Ballia (U.P.) were being looked after by the deceased Smt. Mukhbadni Devi, widow of the Ram Briksh Singh and his adopted son Sashi Shekher Singh, injured (PW 5). The deceased Smt. Mukhbadni Devi and injured Shashi Shekher Singh (PW 5) used to come from Alam Nagar to Gaighat off and on for supervising the affairs of agricultural land left by Ram Briksh Singh. Accused Appellant Devendra Singh, Surendra Singh and their other family members were displeased with the adoption of Shashi Shekher Singh (PW 5) and were feeling inimical towards him and the deceased Smt. Mukhbadni Devi regarding their possession over the plots left by Ram Brisksh Singh. They used to threaten the deceased and the injured with dire consequences. Proceedings under Sections 107/116, Cr.P.C. were taken against the accused persons and others in district Saharsa, Bihar. Ravindra Prasad Singh (accused since acquitted) was the brother-in-law (Sala) of Devendra Singh (A-1). PW 4 Basdeo Mandal was the servant of deceased Mukhbadhi Devi and Shashi Shekher Singh (PW 5). He was serving with them for about 5-6 years before the date of the incident of this case. After the incident of this case, he left the service of the deceased and began to live at the house of Devendra Singh (A-1).

(3.) The incident of this case had taken place on 16-7-1978 at about 7.30 p.m. inside IInd Class Railway compartment of 294 Dn. passenger Train near Railway Station Bakulaha, police station G.R.P. Ballia, district Ballia. The deceased Smt. Mukhbadni Devi, injured Shashi Shekher Singh (PW-5) and their servant Basdeo Mandal (PW 4) and boarded the said train for going to Alam Nagar, district Saharsa, (Bihar) via Chhapra at Revti station at about 6.30 p.m. They purchased tickets for boarding the said train up to Chhapra and from Chhapra they intended to board another train for going to Alam Nagar, Bihar. At Revti Station accused appellant Tej Narain Singh (A-3) also boarded the said compartment. Devendra Singh (A-1) was already sitting in the compartment. Tej Narain Singh (A-3) during the course of his talks with Shashi Shekher Singh (PW 5) informed that he too was going to Chhapra for talking to his another brother Trilok Singh who was at Jamshedpur on telephone. There was electricity light inside the railways compartment. Deceased Mukhbadni Devi and Shashi Sheker Singh (PW 6) took their seats near the Gate of the said compartment. They put their luggage in between the two doors of the compartment, with the result that the northern door of the compartment was blocked. Tej Narain Singh (A-3) was sitting in front of the deceased and Shashi Singh (PW 5). Their servant Basdeo Mandal (PW 4) was sitting near the luggage. Devendra Singh (A-1) was sitting on another berth towards the east. There were 3-4 other passengers in the said compartment. At about 8.00 p.m. when the train had stopped at Bakulaha Railway Station, Tej Narain Singh (A-3) got up to open the door of the compartment. Shashi Shekher Singh injured (PW 5) asked Tej Narain Singh (A-3) to not open the door as his luggage was kept there, but he did not pay any heed to his request. He opened the door and thereupon Surendra Singh (A-2) and Shreeram Singh (A-4) along with Ravindra Pratap Singh and Lallan Singh (the two accused since acquitted) entered into the said compartment Surendra Singh (A-2) was having a country made pistol in one hand and a Chhura in his another hand. Shreeram Singh (A-4) was holding Chhura (a big knife) in both his hands. Lallan Singh and Ravindra Singh (accused since acquitted) were also having knives. After entering into the compartment Surendra Singh (A-2) made a show of the pistol and said to Shashi Shekher Singh (P. W 5) and his mother deceased Mukhbadni Devi as to how they would now be saved and where would they go. Soon thereafter Tej Narain assaulted Shashi Shekher Singh (P. W 5) by means of rod. Surendra Singh (A-2) assaulted Shashi Shekher Singh by means of Chhura. The accused appellants and their associates surrounded Shashi Shekher Singh and assaulted him by means of Knives and Churas. When his mother, deceased Mukhbadni Devi tried to save him and asked the accused appellants and their associates to refrain from killing Shashi Shekher Singh (P. W 5) , the accused appellants and their associates also assaulted Smt. Mukhbadni Devi by means of their respective Knives and Chhuras and killed her. Tej Narain Singh (A-3) took the Chura from Shreeram Singh (A-5) and he too assaulted Shashi Shekher Singh and Mukhbadni Devi by means of the said Chura. Devendra Singh (A-1) had also assaulted by means of Chura. As a result of assault made by the accused appellants and their associates by means of their chura and knives Smt. Mukhbadni Devi had died on spot and Shashi Shekher Singh (P. W 5) fell down over the floor of the compartment. A Mungfali vendor had also sustained some injury in the occurrence in question. After the outer signal of Bakulaha Railway station, the train stopped. The accused appellants and their associates ran away. They also took away the servant of the complainant Basdeo Mandal (P. W 4) . When the train stopped at Rigal Ganj railway station, two constable of G.R.P. came into the compartment to whom the incident was narrated by Shashi Shekher Singh. Those two constables took the injured to Chhapra where the injured was admitted in the hospital and the police Sub-Inspector recorded the statement of Shashi Sheker Singh on the basis of which case Crime No. 80 under Section 302, I.P.C. at police station G.R.P. Ballia was registered and investigation followed.