GURU BAKSH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This Jail Appeal has been filed by accused-appellant Guru Baksh Singh through Senior Superintendent Central Jail, Agra against judgement and order dated 03.08.2002 passed by Additional Sessions Judge, Court No. 8, Meerut in Sessions Trial No.552 of 1999 (State v. Guru Baksh Singh) under Section 302 IPC, Police Station Hastinapur, District Meerut, convicting accused-appellant and sentencing him to undergo life imprisonment and fine Rs. 1000/- and in default of payment of fine, six months additional imprisonment.

(2.) Factual matrix of the case as emerging from First Information Report (hereinafter referred to as "FIR") as well as material placed on record is as follows.

(3.) A written report Ex. Ka-1 dated 20.3.1999 was presented by PW-1, Rishipal Singh, Chowkidar of village, getting it scribed by one Rakesh Kumar, in Police Station Hastinapur, District Meerut, alleging that on 19.3.1999 in the evening, Guru Baksh Singh, brother-in-law (Sala) of one Jaswant Singh, along with Jeet Singh and Teerath Singh came to house of Jaswant Singh at village Sirjepur Patelnagar and after having dinner, they had slept in the house of Jaswant Singh. Next morning, when PW-1 was crossing river Ganga, saw that accused Guru Baksh Singh was abusing his companion Jeet Singh Sardar and saying that he had to see him that day. Thereupon, Teerath Singh pacified them. Thereafter, Jeet Singh (victim) went to take bath. At about 9:00 AM, suddenly, Guru Baksh Singh inflicted many sword blows on Jeet Singh and said that he would not leave him alive. On alarm raised by victim, he and Teerath Singh, rushed to save him but Guru Baksh Singh continuously inflicted blows of sword on victim, as result of which Jeet Singh succumbed to injuries and fell into water. He also raised alarm, on which many people of Sirjepur working in the field, came there. On seeing them coming, Guru Baksh Singh ran away towards western side, but they chased. Guru Baksh Singh was apprehended after applying some force at around 9.15 AM in the jungle of Sirjepur by PW-1 and other persons of village. Dead body of Jeet Singh was kept on the bank of river Ganga by Harvansha (brother of PW-1 and villagers).