RAGHUBIR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) By the judgment impugned dated 9th September, 1983, learned Special Judge/Additional Sessions Judge, Jalaun at Orai, recorded conviction of accused appellants Raghubir Singh, Himmat Singh, Sarnam Singh and Pheran Singh for commission of offence punishable under Section 302, read with Section 34 Indian Penal Code and sentenced them to undergo imprisonment for life term. The accused appellants have also been convicted for an offence punishable under Section 394 IPC and for that they have been sentenced to undergo rigorous imprisonment for ten years with fine of Rs. 1,000/- each and further to undergo six months rigorous imprisonment in default of payment of fine. Accused appellant Pheran Singh has also been convicted for an offence punishable under Section 411 IPC. During the pendency of the appeal, all the accused persons except Sarnam Singh, son of Raghubir Singh, have died and as such appeal has also been abated qua them.

(2.) The case of the prosecution is that on 15th December, 1980, at about 5.45 pm, Sri Gajendra Singh (PW-2) and his father Nathu Singh (deceased), were returning to their home after visiting Devi Temple situated in outskirts of their village. At a pond, on way, Pheran Singh armed with a knife, Sarnam Singh, Raghubir Singh, Himmat Singh and Makrand Singh armed with lathis along with four other unknown persons came from backside and attacked on Nathu Singh. They also snatched the pistol that was fastened by a belt on the robes of Nathu Singh. On arrival of certain other persons including Ram Das (PW-1), Hakim Singh (PW-3) and Hamir Singh (PW-4), who too were also coming from the temple, the accused persons fled from the spot of occurrence. Consequence to the attack, Nathu Singh received several injuries and, therefore, he was taken to the hospital at a Jalaun. Doctor present at Jalaun hospital provided first aid and also stitched the injuries received by Nathu Singh. Looking to the seriousness, injured was referred for further treatment at Government hospital Orai. Gajendra Singh while leaving Nathu Singh at Orai hospital for treatment went to the police station at Orai to lodge a First Information Report. At his instance, a case was lodged against accused appellants and one Makrand Singh for commission of offence punishable under Section 307, read with Section 149 IPC. At Orai hospital, after obtaining fitness certificate from Dr. D.S. Chauhan (PW-9), the Sub Divisional Magistrate, Orai Sri P.D. Srivastava (PW-12) recorded Dying Declaration (Exhibit Ka-6) of Nathu Singh. Sri Nathu Singh then was referred and moved for further treatment to Government Hospital, Kanpur and while in transit he died. After death of Nathu Singh, investigation was undertaken for commission of offence under Section 302/149 IPC. It would be pertinent to mention that though the FIR was lodged at Police Station Orai but the investigation was transferred to Police Station Madhogarh having territorial jurisdiction for investigation of cases, at the place, where the alleged crime was committed.

(3.) During the course of investigation accused Pheran Singh was arrested and from him a pistol and certain live cartridges were recovered. As per the prosecution, the pistol was of deceased Nathu Singh that was snatched by the accused appellants while committing the crime. The Investigating Agency after completing the investigation filed a report along with a charge sheet before the competent court. The case being triable by the Court of Sessions was committed to it. The Sessions Court on basis of the material available framed the charges and on denial of the same trial commenced as desired.