LAKSHMAN SINGH Vs. STATE

JUDGEMENT

(1.) M. C. Jain, J. These are two con nected appeals and are being decided by this common judgment. The appellants are Lakshman Singh, Satley Singh, Phool Singh, Ganga Singh and Ashok Kumar Singh in Criminal Appeal No. 2961 of 1980 whereas Raghuraj Singh is the appellant of Criminal Appeal No. 2980 of 1980. Phool Singh died during the pendency of the appeal. The appeal abated as against him as per order dated 29-9-1999. All the appellants have been convicted by judgment date 22-12-1980 passed by Sri B. B. S. Chaudhary, the then X Additional Ses sions Judge, Kanpur in S. T Nr, 309 of 1979. Raghuraj Singh and Lakshman Singh have been convicted under Sections 148, I. P. C. , 307, I. P. C. read with Section 149, I. P. C. and Section 302, I. P. C. read with Section 149, I. P. C. Each of them has been sentenced to life imprisonment under Sec tion 302 read with Section 149, I. P. C. , seven years' rigorous imprisonment under Sec-lions 307, I. P. C. read with 149,1. RC. and one year's rigorous imprisonment under Section 148, I. P. C. The remaining four appellants Phool Singh, Ganga Singh, Ashok Kumar and Sattey Singh were convicted under Sec tions 147, I. P. C. , 307, I. P. C. read with Section 149, I. P. C. and under Section 302. I. P. C. read with Section 149, I. P. C. Each of them was sentenced to life imprisonment under Section 302, I. P. C. read with Section 149, I. P. C. , seven years' rigorous imprisonment under Section 307, I. P. C. read with Section 149, I. P. C. and one year's rigorous imprisonment under Section 147, I. P. C.

(2.) ONE Kanhaiya Lal was murdered in this incident and two others namely, Bhag wan Singh P. W. 1 and Tej Singh P. W. 2 sustained injuries. The incident took place on 17-9-1979 at about 7. 00 p. m. in village Bahera. Police Station Mangalpur, Distic Kanpur. The report was lodged on 17-9-1979 at about 8. 45 p. m. at police station Mangalpur by Tej Sinsh P. W. 2, Bhag-wan Singh, P. W 1, Tej Singh P. W. 2 and Ram Kishore P. W. 5 have been examined as eye witnesses. The prosecution of se was that accused Raghuraj Singh was the Pradhan of the village. He had sold a green tree of Gram Samaj without obtaining the per mission of the members of the Gram Samaj to Sharad Kumar Bajpai for Rs. 700/ -. Sharad Kumar started cutting the tree, but later on some people sprayed into the ears of the Pradhan that he had sold the tree at a very cheap price. The Pradhan Raghuraj Singh accused then stopped Sharad Kumar from cutting the tree. On the day of occurrence, he himself started getting the tree cut. Sharad Kumar along with Gram Samaj member Pyare Lal ob jected to it, but he did not pay any atten tion. Pyare Lal then reported the matter to the police. The same day at about 7 p. m. , the complainant Tej Singh was sitting on his Chabutra hearing radio. Sharad Kumar, Hari Om, Kanhaiya Lal brother of Pyare Lal, Bhagwan Singh and Ram Kishore were also sitting there. A lantern was glowing Raghuraj Singh armed with his licensed gun, Phool Singh, Ashokx Kumar Singh, Ganga Singh and Sattey Singh armed with lathis and Lakshman Singh (son-in-law of Ganga Singh) armed with muzzle loading gun appeared there, hurling abuses. They asked as to where Sharad Kumar and Pyare Lal were. Ganga Singh, Ashok Singh and Sattey Singh shouted that they should not be. spared. Lakshman Singh fired from his gun. The persons sitting there went towards the room. Raghuraj Singh then fired two shots one after the other. The shots hit Kanhaiya Lal and Bhagwan Singh. Ganga- Singh caused injuries to Tej Singh with lathi. The accused then ran away along with their arms. It was also mention in the F. I. R. that Raghuraj Singh and others waned to kill Sharad Kumar and Pyare Lal due to enmity on account of the dispute of the tree. The report of the incident having been lodged by Tej Singh P. W. 2 at 8. 45 p. m. , a case was registered. The injured were sent for medical examination to Jhinjhak. The two injured Bhagwan Singh and Kanhaiya Lal were given firs: aid there and were then advised to be taken 10 Kan pur. Their injuries were examined there. Later on Kanhaiya Lal died in U. H. M. Hospital and thereafter the case was inter alia, under Section 302, I. P. C. The investigation followed as usual. A chargesheet was ultimately laid against the accused-appellants. Initially. Kanhaiy Lal (deceased) was examined by Dr. N. Hasan P. W. 8 on 18-9-1979 at 2. 10a. m. He had received a gun shot injury of entry on right iliac fossa. Margins were inverted. There was no charring or tattooing. The injury was 11 cm. from umbilicus and ab dominal cavity deep. After this death, post mortem over the dead body was conducted by Dr. S. K Chandra, P. W. 4 on 20-9-1979 at 4. 15p. m. He was aged about 25 years. He had died in U. H. M. Hospital, Kanpur on 19-9-1979 at 4. 10 a. m. He had sustained the fol lowing ante-mortem injury: Gun shot wound of entrance circular 1 cm x 1 cm abdominal cavity deep in upper part of right buttock 11 cm right lateral to vertebra column, no tattooing. Margins inverted.

(3.) ANOTHER injured Tej Singh P. W. 2 was examined on 18-9-1979 at 10. 30 a. m. at P. H. C. Jhinjhak by Dr. M. S. Rathor P. W. 9. He had sustained the following injury: Contusion 9" x 4" on the lateral aspect of left leg starting from middle portion. Tender.