MAHENDRA SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Both these appeals were preferred by the accused-appellants against the judgment and order dated 12-2-1980 passed by Sri A.B. Hajela, the then Ivth Additional Sessions Judge Etah in S.T. No. 430 of 1979 State v. Mahendra Singh and 3 others under Sections 302 and 307, I.P.C. whereby, he convicted Shri Pal, Ramesh and Nek Ram accused-appellants of the offence under Section 302,1.P.C. and sentenced each of them to imprisonment for life and further convicted them of the offence under Sections 307/34,1.P.C. and sentenced them to undergo R.I. for 7 years each and convicted Mahendra Singh accused-appellant for the offence under Sections 302/34,1.P.C. and sentenced him to undergo imprisonment for life and further convicted him of the offence under Section 307,1.P.C. and sentenced him to undergo R.I. for a period of 10 years.

(2.) The deceased in this case was Lakhan Singh. The informant Kalloo Singh P.W. 1 is father of the deceased. Sher Singh P.W. 3 injured of this case is a nephew of the informant Kalloo Singh. Shri Pal alias Bhola accused-appellant is the son of the maternal uncle of Mahendra Singh accused-appellant.

(3.) The occurrence in this case relates to 10-10-1978. The prosecution case is that 15-20 days before the murder the she-buffalo of one Kalloo Singh son of Chokhe (not to be confused with Kalloo Singh present informant) was stolen and Lakhan Singh deceased had helped Kalloo Singh son of Chokhe Singh in the search of the stolen she-buffalo, that on a search being made, Lakhan Singh deceased learnt that the she-buffalo has been stolen by Shri Pal alias Bhole accused-appellant, that Mahendra Singh accused-appellant was annoyed that Lakhan Singh deceased is imputing the theft of the she-buffalo to Shri Pal alias Bhola accused-appellant, that a day prior to the murder, Mahendra Singh accused-appellant collected various persons at the house of Kalloo Singh son of Chokhe Singh and called the present informant Kalloo Singh and his son Lakhan Singh deceased there and Mahendra Singh accused-appellant asked Lakhan Singh deceased as to why he was taking the name of Shri Pal alias Bhola accused-appellant in the theft, that on this, an altercation took place between Mahendra Singh accused-appellant and Lakhan Singh deceased and then Mahendra Singh accused-appellant went away from there retorting, "DEKHA JAYEGA," that on the date of occurrence at about 6 p.m. Lakhan Singh deceased and Sher Singh injured went to village Lahcha Nagarpur to the Marhiya of Lala Ram for engaging labourers for cutting Bajra crops, that the deceased and Sher Singh injured sat in the Jhopri of Lala Ram, that 2-3 minutes after Khub Lal P.W. 2 also came there for the purpose of engaging labourers, that 2-3 minutes after it, the accused-appellants Mahendra Singh, Shri Pal alias Bhola, Ramesh and NekRam came there, out of them Mahendra Singh accused-appellant was carrying gun and the rest were armed with Tamanchas, that as soon as the accused-appellants came there Shri Pal alias Bhola accused-appellant fired at Lakhan Singh deceased which struck in his chest, that Khublal P.W. 2 and Lala Ram grasped Shri Pal alias Bhola accused-appellant from behind, that in the meantime a fire was made by Mahendra Singh accused-appellant at Sher Singh injured (P.W. 3) which struck at his left inguinal region, that thereafter Sher Singh injured P.W. 3 raised the Palla of the Jhopri and started running towards North, that while he was running Mahendra Singh and Nek Ram accused-appellants fired at him which, however, did not strike him, that in the meantime Shri Pal alias Bhola accused-appellant managed to escape from the grip of Khub Lal P.W. 2 and Lala Ram, that Ramesh accused-appellant entered inside the Jhopri and fired at Lakhan Singh deceased which struck on his head and the deceased fell down there and died instantenuously, that after committing the occurrence, the accused-appellants ran away and on hearing hue and cry Kalloo Singh informant P.W. 1 reached the spot and found the deceased dead and also found Lala Ram and Khub Lal, witnesses present there, that Sher Singh injured also reached there soon after, that Lala Ram, Khub Lal and Sher Singh injured narrated the occurrence to the informant.