BALWANT SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The present criminal appeal arises out of impugned judgment and order dated 15.09.2006 passed by the learned Additional Sessions Judge, Court No.5, Bijnor in Session Trial No. 430 of 2001 ( State vs. Balwant Singh and three Ors), under Section 302 / 34 of IPC, P.S. Badhapur, District Bijnor, whereby appellants Balwant Singh, Kala Singh and Smt. Mahendro Bai have been convicted under Section 302 / 34 of IPC and have been sentenced to imprisonment for life along with fine of Rs. 35,000/- each. In default of the payment of fine, the appellants have to further undergo additional rigorous imprisonment of one year.

(2.) The case of the prosecution is that there was a dispute between the parties on account of boundary of land and about 20 days prior to the incident, an altercation has taken place between deceased Ramesh and the appellants Balwant Singh and co-accused Bittu Singh. On the day of incident, i.e. on 09.04.2001, at 5:15 PM complainant's younger brother Ramesh (deceased) had gone to his land and while returning from there, at around 6:00 PM, all the accused persons met him in the way. Appellant Balwant Singh was having a sword, Bittu Singh was having a rod while Kala Singh was having a 'barchi' and Smt. Mahendro Bai was standing at some distance. After seeing Ramesh, appellant-accused Smt. Mahendro Bai hurling abuses, exhorted her husband and sons to kill the deceased. Co-accused Bittu Singh and appellant Kala Singh attacked the deceased with sword, rod and barchi with intention to kill him. Hearing noise, one Balkar Singh, Ranga Singh and many other persons reached there but the appellants ran away towards jungle. Ramesh sustained injuries and he was taken to government hospital Nagina, but from there he was referred to Bijnor. On the next day, he was referred to Meerut Medical College and was admitted there. On 12.04.2001, Ramesh succumbed to the injuries sustained by him.

(3.) Complainant Santa Singh reported the matter to police by submitting written complaint Ex. Ka-1 and on that basis case was registered under Section 302 / 34 of IPC against all the four accused persons on 12.04.2001, at 15:45 hours vide FIR Ex. Ka-3.