RAJA SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) The present criminal appeal has been preferred by the appellants against the judgment and order dated 31.5.1979 passed by Addl. Sessions Judge, Kanpur in S.T. No.206 of 1977 convicting the appellant Raghubhushan Singh u/s 302 IPC and sentencing him to life imprisonment and to pay fine of Rs.1000/- and in default of payment whereof to undergo six months R.I and further convicting the appellant Raja Singh u/s 302 read with Section 109 IPC and sentencing him to life imprisonment and to pay fine of Rs.1000 and in default of payment of fine, he shall undergo 6 months R.I.

(2.) The appellant Raja Singh has died during the pendency of the present appeal and the appeal on his behalf has been ordered to be abated by coordinate Bench of this Court vide order dated 28.1.2019. Hence, the present appeal now survives with respect to appellant Raghubhushan Singh for consideration by this Court and we proceed to hear the appeal on behalf of the said appellant.

(3.) The prosecution case as set-up in the FIR by the informant Chandra Pal stating that there was old enmity going on between him and Raja Singh Thakur of his village. On 25.2.1977, there was a marriage ceremony of niece of one Chotey Lal Baniya of his village where he along with his father were invited. He along with his father Raghunath had gone in the said marriage and Dwarchar was going on. At about 10 p.m. in the night Raja Singh along with his sons Raghubhushan Singh, Shiv Bhushan Singh, Shashi Bhushan Singh and younger son of Raja Singh along with Krishna Gopal Brahman and Sabal Singh came with a common object. Raghubhushan @ Bade was armed with gun and as soon as they came there, Raja Singh exhorted and stated that luckily Chandrapal and Raghunath have met and uttered "Maar Do Saalon Ko Hamesha Ka Kanta Door Ho Jaaye" on which Shiv Bhushan Singh, Shashi Bhushan Singh and younger son of Raja Singh caught hold of the informant Chandrapal and Krishna Gopal and Sabal Singh caught hold of his father Raghunath Singh and Raghubhushan Singh @ Bade fired by his double barrel gun which hit in Abdomen of the father of the informant who had fallen down and at that moment Raja Ram, S/o Ram Dayal, Subhash, S/o Ram Gopal Pandey, Babu Lal, S/o Badalu R/o Sakinan Tilsahari Buzurg and Babadeen, S/o Pattar Ram Ratan, S/o Surajdeen, village Subhauli who were present in the marriage and had witnessed the said incident, had challenged the accused who had fled away. He had carried his father with the assistance of the witnesses and proceeded to the hospital and at the outskirts of the village his father had died. He had brought the dead-body of his father at the doors of his house and kept the same in the night and did not go to lodge an FIR of the incident because it was night. He requested for lodging report for taking necessary action.