CHANDRA PAL SINGH Vs. STATE

JUDGEMENT

(1.) This appeal has been filed against the judgement and order dt. 8-3-78 of Sri Parmatma Swaroop the Sessions Judge, Budaun in Sessions Trial No. 291 of 1977 by which he convicted the two appellants under S.302 read with 34, IPC and sentenced each of them to undergo life imprisonment.

(2.) The case of the prosecution as per the FIR dt. 1-8-77 lodged by Sri Rajvir Singh son of Phool Singh, resident of village Bhajpura, P.S. Kotwali, Budaun is that brother of Chandra Pal Singh son of Lallu Singh was murdered about one year back in which Phool Singh deceased was one of the accused. Since then Chandra Pal Singh and his family members were bearing ill-will against Phool Singh. About one and half months before the occurrence Phool Singh was released on bail. On 1-8-77 at about 6.30 p.m. Janaki had come back from the market with some articles purchased for Phool Singh. Janaki kept the articles on the chabutra in front of his ghar. Phool Singh was picking up articles from the bundle purchased by Janaki on that chabutra. In the mean time the she-buffalo of Janaki set loose and he proceeded to bring it back from the plot of chari. The first informant was in front of his door and his brother Raghubir and some other children were playing at the chabutra of Janaki. In the mean time the appellants Chandra Pal Singh and Shishupal Singh passed by the side of the chabutra where Phool Singh was sitting. They went towards south west for a few paces and suddenly turned back towards the chabutra. Chandra Pal Singh fired at Phool Singh from his gun. Immediately thereafter, Shishu Pal Singh fired upon him by his country made pistol. Phool Singh fell down and died. The appellants, thereafter, ran away. Besides the first informant, witnesses Kedar, Nathu, and Janaki (P.W. 3) had also seen occurrence.

(3.) After lodging of the FIR the Investigating Officer came to the spot, prepared inquest report of the dead body and sent it for post mortem examination. He interrogated witness, collected onion and potatos from the place of occurrence, besides blood-stained and simple earth. He also took the Baniyan and underwear of P.W. 2 Raghubir Singh and prepared Fard for it. He arrested both the appellants on 7-8-77 and after completing the investigation submitted charge sheet. Ex ka 16.