MUNNA SINGH & OTHERS Vs. STATE

JUDGEMENT

(1.) The present criminal appeal has been preferred against the judgment and order dated 16.11.1985 passed by Sessions Judge, Karvi (Banda) in S.T. No.120 of 1982 convicting the appellants under Sections 302/34 I.P.C. and sentencing them to undergo life imprisonment.

(2.) The prosecution case in brief is that the informant, namely, Chhatra Mohan Singh submitted a written report at police outpost Bargadh which comes under the police station Mau against five accused persons stating therein that he is a resident of village Kaniyar. He has two brothers, namely, Narayan Singh (deceased) and Madan Mohan Singh and they are also having a house at Bargadh Railway Station. On 7.3.1980 in the morning, Devendra Pratap Singh alias Chhotkawa was taking his cattles for grazing and his cattles entered in the field of the informant and started damaging the crops, on which informant's brother, namely, Narayan Singh had made complaint to Devendra Pratap Singh alias Chhotkawa, scolded and he started taking the cattles to Kanji House by droving them. On which, Sripal Singh and Hammev Singh of his village asked his brother Narayan Singh not to do so as the cattles had entered in the field unintentionally, then his brother heeded the said request, but at that time Sheo Shankar Singh, son of Vishram Singh came there and started abusing Narayan Singh, on account of which a quarrel took place between them, then Devendra Pratap Singh told Narayan Singh as to why he is abusing his father and stated that 'Tumhara Ghamand Utar Doonga'.Thereafter, the informant and his brother went to their house which was situated near Bargadh station and his nephew Udai Veer Singh also went to traders at Allahabad. After some time, the informant and his brother Narayan Singh were going to see the stock of the ashes of coal from their house and when they reached on the road near the stock, they saw that from the opposite direction a tractor red in colour without having any number and trolley came, on which Munna Singh, Surendra Pratap Singh, Devendra Pratap Singh, all sons of Sheo Shankar Singh, resident of village Kaniyar and Balwan Singh son of Sher Singh, resident of village Gujhwar, police station Bara, District Allahabad were sitting. Munna Singh was carrying 12 bore SBBL gun in his hand, Surendra Pratap Singh was having a country-made pistol in his hand, whereas Balwan Singh had a lathi in his hand. They alighted from the said tractor. On the exhortation of Munna Singh that the enemies should be killed and from near the tractor fired shot, which hit his brother who trembled and tried to run away, on which Surendra Pratap Singh shot with his countrymade pistol at his brother from a very close range. Devendra Pratap Singh also fired with his country-made pistol and thereafter Surendra Pratap Singh again fired, on which his brother had fallen down and thereafter Balwan Singh assaulted him with lathi, on account of the said injuries his brother died. The said incident was witnessed by Brij Mohan Singh, Rajendra Singh of Village Kaniyar, Amar Nath Brahmin of Bargadh station, Kailash Chandra Pandey of village Manka and son of the informant Balveer Singh.The informant suspected conspiracy in the murder of his brother by Mahendra Pratap Singh son of Sheo Shankar Singh. Thereafter, the accused fled away by the said tractor by which they had come towards Bargadh turning. His brother had fallen down and Balwan Singh assaulted him with the lathi and on account of the injuries his brother died on the spot. The written report which was submitted by him at the concerned police station is marked as Ext. Ka.1.

(3.) On the basis of written report submitted by the informant Chhatra Mohan Singh, a First Information Report was registered against the five accused as Case Crime No.29 of 1980, under Sections 302, 120-B I.P.C., Police Station Mau, District Banda on 7.3.1980 at 10.00 a.m. on the same day.