SHIV RATAN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeal has been preferred by the appellants against the judgment and order dated 3.9.1987, passed by the learned IV-Additional District and Sessions Judge, Farrukhabad, in Sessions Trial No. 365 of 1983 (State v. Arun, Kumar and others), arising out of Case Crime No. 195 of 1981, P.S. Kamalganj, District-Farrukhabad, whereby the learned trial Court has convicted the accused-appellants, namely, Arun Kumar and Shiv Ratan Singh under Section 302 IPC read with Section 34 IPC and sentenced them to undergo imprisonment for life.

(2.) The facts in nutshell according to the prosecution case are that on 9.7.1981, at about 10:00 p.m. (night), the first informant-Uma Shanker (P.W. 1) alongwith his elder brother-Dayalu @ Daya Shankar, Jawahar and Brij Mohan were coming back to their houses after watching the cinema. When they reached on the road in front of adat of Arjun Singh at about 10:00 p.m., the accused-Kare Bhaiya R/o. Katrauli Parti, Shiv Ratan Singh R/o. Hazi +Nagla, and another person were seen sitting on the patiya of the shop of one Jhabbu. When the first informant and his friends reached in front of the accused, then all the accused got up from the patiya they hurled and stated that "Kare Bhaiya, maar dalo sale ko achha mauka hai," then his brother Dayalu @ Daya Shankar started running but Kare Bhaiya fired at him on the back with his tamancha, to which he fell down then and there and all the accused escaped towards east. The first informant and others chased the accused and caught hold of one of the accused, who disclosed his name as Arun Kumar S/o. Tulsi Ram R/o. Danmandi, P.S. Kamalganj, Farrukhabad. The injured Dayalu @ Daya Shankar was taken on the charpai to the police station but he succumbed to the injury on the way. About 15-20 days before the said incident, there was a quarrel between Dayalu @ Daya Shankar, Kare Bhaiya and Shiv Ratan Singh with regard to the asking of the amount for tea by Dayalu @ Daya Shankar to which Kare Bhaiya and Shiv Ratan threatened Dayalu to kill him. The accused were hooligans (gundas) by nature and they had intentionally killed the brother of the informant. The said Written Report was got scribed by one Ziauddin, narrated by the informant and, thereafter, the same was lodged in the police station. On the basis of the said Written Report, case crime No. 195 of 1981 under Sections 302/34 IPC was registered and thereafter, the investigation of the case was initiated by S.I. Indrajeet Singh Dewatia. The inquest on the dead-body was conducted on 10.7.1981 and, thereafter, the inquest report was prepared. The dead-body was sealed and relevant papers for dispatching the dead-body to conduct postmortem examination were also prepared and thereafter, the dead-body was sent for postmortem examination alongwith connecting papers. The post-mortem on the dead-body was conducted by Dr. V.P. Bhatnagar on 10.7.1981. The Investigating Officer, after completing the formalities of investigation, submitted the charge-sheet before the Chief Judicial Magistrate, Farrukhabad.

(3.) Since, the disclosed offences were exclusively triable by the Court of sessions, the CJM had committed the case to the Court of sessions for trial where the Case Crime No. 195 of 1981 was registered as S.T. No. 365 of 1983 and the same was transferred to the Court of Additional District and Sessions Judge for trial. However, during the pendency of the sessions trial, Kare Bhaiya @ Brij Kishor had died for which the case against the said accused-Kare Bhaiya was dismissed as abated.