RAGHURAJ SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The three appellants stood a trial in S. T. No. 79 of 1979 and were convicted by an order of the Vth Additional Sessions Judge, Hamirpur, dated 12-12-1980. All were sentenced to life imprisonment for their conviction under Sections 302/34, I.P.C., as also for R. I. for one year for their conviction under Sections 403/34, I.P.C. the sentences were directed to run concurrently. The appeal was admitted on 15-12-80 and the appellants were directed to be released on bail and they were so released. The case against them was initiated on an F.I.R. lodged at 9 p.m. on 25-12-78 at police station Sumerpur, in the district of Hamirpur, by one Smt. Sukh Rani wife of Binda Singh. She had named all the three present appellants in the F.I.R. and had stated that at about noon on that date the informant and others had gone to the place where bricks were being prepared. They had gone to keep a watch on the work. At about 5 p.m. Babuiya son of the informant along with Mustaq Tongawala and Mukhkhu came there and Babuiya also started watching the bricks. By then the appellants came there with arms. Raghura had a single barrel gun with him, Pratap had a lathi with him, Deoraj Singh had a single barrel gun and with them another man Ram Kripal Singh was also there with a spear. These persons surrounded Babuiya and Pratap shouted "mardo dushman ko bachne na paye" (kill the enemy he must not be spared). Ram Kripal felled Babuiya on the ground. Deoraj shot him near his neck from a touching distance. Raghuraj shot two fires and thereafter Deoraj, after reloading his gun, gave another shot on Babuiya. The victim died at the spot. The complainant and others shouted. Ram Kripal took away a watch from the hands of the deadbody of Babuiya and some cash from his pocket. Raghuraj and Deoraj kept on firing and declared they could finally take the revenge. They fled towards the east. It was alleged that about 14 years prior to this incident the husband of the complainant and her son were murdered for which Raghuraj and Ram Kripal were sentenced to life imprisonment and for that grudge only the present murder was committed.

(2.) The F.I.R. was scribed by one Ram Singh and case crime No. 212 was initiated. An investigation was taken up, necessary seizure and arrest were made. Inquest was done and the deadbody was sent for post-mortem examination. This examination was done on 27-12-78, at about 11.15 a.m. and the doctor estimated the time of death to be within two days from his examination. It was the deadbody of a 35 years old male of average built. Rigor mortis had passed off from the upper limbs but was present in the lower extremity. There were four gun shot wounds of entry. One was on the right side of larynx, the second half a centimetre above the first, the third on the chest lateral to the left nipple and the fourthon the right buttock. The doctor noted blackening charring, scorching and tattooing on the different injuries. On internal examination the small bone was found 6 fractured into pieces. 14 shots were found in the brain along with two wads pieces. The 5th and 6th ribs on the left side were found fractured. The heart was severally lacerated. The lungs were found perforated and lacerated. The stomach contains 4 oz of pasty food. Small intestine also contained pasty food matter. Death was due to shock and haemorrhage as a result of firearms injuries. The shots (sic) recovered from the brain along with wads were sent back to the police station in a sealed cover.

(3.) After submission of the charge-sheet, only the present three appellants stood the trial. The judgment of the trial Court indicated that Ram Kripal Singh died before the framing of the charges. The trial Court had framed charges against all the present three appellants for offences under Sections 202 read with 34, I.P.C. for having murdered Babuiya in furtherance of their common intention. They were further charged for having committed criminal misappropriation of a wrist watch and cash by taking the same from the deadbody of Babuiya and this was also stated to have been committed in furtherance of their common intention. They pleaded not guilty.