HARBIR Vs. STATE OF U. P.

JUDGEMENT

(1.) This appeal arises out of impugned judgment and order dated 28.02.1986 passed by II Additional Sessions Judge, Aligarh in Sessions Trial No. 336 of 1985 convicting the accused Harbir and Karan Singh under Section 302/34 of IPC and sentencing them to undergo imprisonment for life. The trial court has further convicted accused Bijendra, Devendra Singh and Karan Singh under Section 307/34 of IPC and sentenced accused Bijendra and Karan Singh for seven years rigorous imprisonment, whereas accused Devendra Singh has been sentenced for three years rigorous imprisonment. Accused Harbir has been acquitted of the offence under Section 307/34 of IPC. The sentences awarded to the accused Karan Singh and Harbir Singh shall run concurrently.

(2.) In the present case, name of the deceased is Mukhtiar Singh, father of PW-2 Autar Singh and PW-3 Onkar Singh. It is said that there was some dispute between accused Karan Singh and the deceased over fencing of the land and on the date of incident i.e. 20.02.1985, accused Karan Singh had asked the deceased to remove the said fencing. When deceased had refused to remove the fencing, accused Karan Singh with the help of his two sons Harbir and Bijendra and grandson Devendra Singh caused single injury to the deceased by spear (Ballam) resulting his death. In the same incident, PW-3 Onkar Singh also suffered injuries and his MLC is Ex.Ka.1 conducted by PW-1 Dr. H.C. Goel. On the basis of written report Ex.Ka.2, lodged by PW-2 Autar Singh on 20.02.1985, FIR Ex.Ka.5 was registered against all the four accused persons under Sections 302 and 307 of IPC.

(3.) Inquest on dead body of the deceased was conducted vide Ex.Ka.7 and the body was sent for postmortem, which was conducted on 21.02.1985 vide Ex.Ka-4 by PW-6 Dr. M.L. Walecha. As per Autopsy Surgeon, following single ante mortem injury was found on the chest of the deceased: