AJIT SINGH Vs. STATE

JUDGEMENT

(1.) This appeal has been preferred by Ajit Singh and Ashok Singh against their conviction under Ss. 302/34, I.P.C. and sentence of imprisonment for life recorded by the judgment and order dated 2-9-1980 of 1st Additional Sessions Judge, Etawah, in S.T. No. 210 of 1978. The C.J.M. Etawah, has given a report dated 16-8-1999 that appellant No. 2 Ashok Singh has died. The appeal preferred by him is therefore, abated.

(2.) The case of the prosecution, in brief, is that an alarm watch of P.W. 5 Hawaldar Singh was stolen on the Diwali day in the year 1976. The deceased-Than Singh who was resident of the same village had gone to the flour mill of Babu Ram in village Bhogipura on the next day for the purpose of getting his wheat grinded. Babu Ram informed him that the accused-Ajit Singh and Ashok Singh had come to his place and had sold him an alarm watch for Rs. 18.00. He further informed him that he had not paid the money to the aforesaid persons but had promised to pay them after one day. Than Singh then informed Hawaldar Singh that the accused had given his watch to Babu Ram. Subsequently, Babu Ram sent back the watch to Hawaldar Singh through Than Singh. Three days thereafter, Hawaldar Singh along with Than Singh went to Babu Ram to enquire about the matter. When they were sitting at the flour mill, Ashok Singh accused came there to collect the price of the watch. However, seeing Hawaldar Singh and Than Singh he ran away from there but Than Singh caught hold of him and brought him to the village. There Ashok Singh confessed that he along with Ajit Singh had stolen the watch. The villagers then reprimanded him for his conduct. The water from "parnala" of the house of Than Singh fell over the land of Ajit Singh accused where he had his "Mandiaya" (hut). Due to this reason altercations had taken place between the two on several occasions wherein Ashok Singh accused used to take sides with Ajit Singh. At about 8.00 a.m. on 22-1-1978, a quarrel took place between Than Singh and Ajit Singh over the flow of water from the Parnala of the house and at that time Ashok Singh was also present there and was taken sides with Ajit Singh. Ajit Singh then gave a threat to Than Singh that he will have to face the consequences of his act.

(3.) The case of the prosecution further is that at about 12.00 a.m. on 22-1-1978 Than Singh was grazing his goats in the "Sote" (a narrow stream through which water flows) in "bihad" (ravines) towards south of his village Bhimrai. Meanwhile Ajit Singh accused armed with a banka and Ashok Singh accused armed with an axe came there and surrounded Than Singh. Than Singh raised an alarm on which Jadunath Singh, Ganga Singh, Shivbans Singh and Ram Krishan ran towards that direction. Ajit Singh assaulted Than Singh with the banka but the latter started grappling with him. Ashok Singh wielded his axe upon Than Singh due to which Ajit Singh accused also received injury. Ajit Singh then snatched the axe from Ashok Singh and gave several blows to Than Singh due to which he fell down. The witnesses chased the assailants but they ran away in the ravines. When the witnesses returned they found that Than Singh had died. Thereafter, a written report of the incident was lodged by Jadunath Singh at 4.05 p.m. on 22-1-1978 at P. S. Jaswantnagar, which is six miles from the place of occurrence.