KAPTAN SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Both these appeals have been preferred against the judgment and order dated 26.08.1987 passed by IVth Additional Sessions Judge, Kanpur Nagar in Session Trial No. 199 of 1986 (State Versus Kaptan Singh and H.N. Singh) under Sections 302, 323/34 & 324/34 of I.P.C., P.S. Kalyanpur, District Kanpur Nagar, whereby accused-appellant H.N. Singh has been convicted under Section 302 and accused-appellant Kaptan Singh has been convicted under Section 302/34 and they have been sentenced to life. Both the accused-appellants have further been convicted under Section 324/34 IPC and sentenced to rigorous imprisonment for one year. Both the sentences have been directed to run concurrently.

(2.) Both the accused-appellants H.N. Singh and Kaptan Singh as well as the deceased Ram Niwas Rao were tenants in residential building of (PW-2) informant-Ram Singar Pandey. On 03.05.1986 at around 8.30 P.M. informant Ram Singar Pandey (landlord) came at the said premises and demanded electricity dues from accused-appellant Kaptan Singh. Accused-appellant Kaptan Singh objected the same by saying that electricity bill is exaggerated and thus he would not pay the same. Meanwhile, another tenant accused-appellant H.N.Singh also came and protested that landlord was demanding more electricity dues and they would not pay the same and he even started abusing (PW-2) Ram Singar Pandey. At the same time, another tenant Ram Niwas Rao (deceased) came and tried to intervene, but accused-appellant Kaptan Singh gave a knife blow at the chin of (PW-2) Ram Singar Pandey, while being infuriated by intervention of Ram Niwas Rao, accused-appellant H.N. Singh gave a knife blow in inguinal region of Ram Niwas Rao (deceased) by exhorting that the deceased always used to support the landlord. Hearing the noise, one Raj Kishore, Bachcha Lal, Jitendra Tewari and some other tenants of the premises reached there and intervened. Ram Niwas Rao (deceased) was taken to Hallet Hospital and was admitted there but, on the same night, he succumbed to his injuries in the hospital.

(3.) (Pw-2) Ram Singar Pandey reported the matter to the police by submitting written complaint Ex. Ka-1 and on that basis, case was registered under Sections 324/304 of I.P.C. against both the accused-appellants on 04.05.1986 at 3.30 P.M. vide first information report Ex. Ka-13.