VIJAI SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The present criminal appeal has been preferred by the appellant against the judgment and order dated 14.4.1983 passed by the Sessions Judge, Etawah in S.T.No. 46 of 1983, under Section 302 I.P.C. by which the appellant has been convicted and sentenced for life imprisonment.

(2.) The prosecution story in nutshell is that a First Information Report was lodged by Smt. Raja Beti, wife of Ram Lakhan with an allegation that after the death of her father-in-law, there was a dispute between her husband-Ram Lakhan and Jeth-Vijay Singh with respect to land and other articles for partition and a quarrel was going on between them so much so that both the families were not at talking terms nor they were having food etc. with each other. On 5.7.1982, while her husband Ram Lakhan, son of Laxman was watering his field towards West, she was also present there along with the son of her Nanad namely, Ram Shanker son of Ramdas, resident of Village Kakrai, police station Basrehar. The other persons of the village, namely, Ram Charan son of Gopi Chand, Buddh Singh son of Shyam Lal, Shri Ram son of Summer, Sughar Singh son of Mangli Prasad were also working in their respective agricultural field. At about 11.30 a.m., her Jeth-Vijay Singh son of Laxman came to her agricultural field with a Spade and started to open the water for his agricultural field, which was objected by her husband Ram Lakhan who stated that his agricultural field has not yet been filled with water and requested him that he may take water after a short time, due to which both of them started scuffling and Ram Shanker tried to interfere to reconcile the matter, thereafter, Vijay Singh assaulted her husband with spade with an intention to kill, on account of which her husband fell down on the ground, on which she raised an alarm and called upon the villagers to save her husband who was being killed by accused Vijay Singh. On the alarm being raised by her, the aforesaid villagers reached at the place of occurrence to save her husband who got injured by the accused Vijay Singh who fled away towards the village and as the condition of her husband was serious, she took her husband to District Hospital Etawah and on reaching the hospital succumbed to his injuries and his dead body was lying in the hospital. Thus, she submitted a written report(Ext. Ka.1) on 5.7.1982, which was scribed by Ram Shanker son of Ramdas on her dictation and the same was submitted at the concerned police station for necessary action complaining that accused Vijay Singh had murdered her husband by cutting him with spade.

(3.) On the basis of the written report submitted by the informant Raja Beti, an FIR was registered by the police of police of police station Ekdil, District Etawah being Case Crime No.92 of 1982, under Section 302 I.P.C. on the same day at about 17 hrs. Constable Balbeer Singh prepared Chick report (Ext. Ka.3)on the basis of written report submitted by Raja Beti. He also endorsed the same in G.D. No.23, which is which is Ext. Ka.4.