STATE OF U P Vs. HARI PAL SINGH

JUDGEMENT

(1.) M. C. Jain, J. Four accused persons, namely, Hari Pal Singh, Raghubar Singh, Daya Ram and Natthu Lal were tried in Sessions trial No. 153 of 1986 hy Special Judge/additional Sessions Judf e, Pilibhit for the offences punishable unuer Section 302,1. P. C. read with Section 34,1. P. C. and 307,1. P. C. read with Section 34,1. P. C. He acquitted all of them by judgment and order dated 24-5-1989. Aggrieved thereby, the State preferred this appeal which was earlier dismissed by this Court on 22-5-1992. The State then filed Special Leave Petition before the Supreme Court Special Leave Petition was dismissed by the Supreme Court against the 'accused-op posite parties Daya Ram and Natthu Lal by order dated 11 -10-1993. However, as against the remaining two accused- opposite parties Hari Pal Singh and Raghubar Singh the order of this Court dated 22-5-1992 dis missing the appeal filed by the State against acquittal was set aside by the apex Court in Criminal Appeal 62 of 1996 by order dated 15-1-1996 and the matter was sent back to this Court with the direction to restore the appeal, rehear and dispose of the same. It is in the above background that the appeal of the State against the accused- opposite parties Hari Pal Singh and Raghubar Singh assailing their acquit tal has been restored and heard. The same is being decided by this judgment.

(2.) THE relevant facts may be stated briefly. THE accused-opposite parties Hari Pal Singh and Raghubar Singh are brothers being sons of Dwarka Singh, resi dent of village Bhagwantpur, PS. Bisalpur, District Pilibhit. THE genesis of the prosecution case was the written first in formation report Ex. Ka-1 lodged at police station Bisalpur by P. W.-l Chhote Lal on 6-12-1985 at 1. 05 p. m. THE incident took place on that day at about 12. 30 p. m. in Mohalla Durga Prasad in Quasba and P. S. Bisalpur, District Pilibhit, Rampa Devi mother of P. W.-l Chhote Lal informant had died and her bier with funeral proces sion was being carried at about 12. 30 p. m. on the fateful day to the cremation ground the way of which allegedly passed through Harit Kranti Vidya Mandir. THE first infor mation report stated that about a week ago, Baldeo Prasad had died and his dead body was also carried to the cremation ground through the same way. THE ac cused-opposite party Hari Pal Singh was the Manager and the accused-opposite party Raghubar Singh was a teacher of that school. THE remaining two accused Daya Ram and Natthu Lal were also teachers of the school. As soon as the informant with the funeral procession entered the gate of the school with the bier containing the dead body, the accused-opposite parties prevented them from passing through that way. When the informant and the persons accompanying him pleaded for carrying the bier through that way as that had ear lier been settled to be the way for carrying the dead bodies to the cremation ground, citing example of the dead body of Baldeo Prasad also, the accused did not budge and yield. Instead, they became aggressive. THE accused Daya Ram and Natthu Lal kept on guard to prevent the funeral procession from carrying the bier through that way and the accused-opposite parties Hari Pal Singh and Raghubar Singh went inside their house and re-appeared with guns. Daya Ram and Natthu Lal exhorted them whereupon they opened fire from their guns. A number of persons included in the funeral procession sustained injuries.

(3.) IT is also relevant to mention here that DBBL gun of the accused-opposite party Hari Pal Singh and SBBL gun of accused- opposite party Raghubar Singh had been seized by the Investigating Officer from them on 6-12-1985 itself. 8 empty cartridges had also been found by him at the spot which he had taken in possession. They were sent for scientific examination by com parison with the DBBL and SBBL guns recovered from the accused-opposite par ties. The report of the Ballistic Expert is Ex. Ka-33 which shows that three of them had been shot from DBBL gun recovered from accused-opposite party Hari Pal Singh and the other three form SBBL gun recovered from accused-opposite party Raghubar Singh. Marks were not sufficient on the remaining two empty cartridges for com parison. Thus, it was established that several rounds of shots had been fired from the DBBL and SBBL guns recovered from the accused- opposite parties Hari Pal Singh and Raghubar Singh.