SARJU SINGH Vs. MAHENDRA PRATAP SINGH

JUDGEMENT

(1.) The accused, Mahendra Pratap Singh is member of the Bai practising at Gaya One of the victims Sarju Singh (P. W 13) is a cultivator of village Chaugaon in Gaya District The deceased Kuldip Singh, was also a resident of village Chau gaon, and there is nothing to show that he occupied any position other than that of a cultivator

(2.) Admittedly there was enmity between the deceased and the accused Though the case of the accused is that there were litigations between his sister on one side and the deceased on the other. it is clear that the accused was interested on the side of his sister This has not been disputed before me. I may add that it is admitted that the party of the accused was successful in the litigations

(3.) There was a cast under Section 107 of the Code of Criminal Procedure against the deceased al Nawadah. At the instance of the accused, a notice was issued to deceased Kuldip Singh to show cause why he should not be ordered to furnish interim bail under Section 117(3) of the Code of Criminal Procedure The date fixed for showing cause was the 18th December. 1961 The prosecution case is that Kuldip started with Sarju Singh (P W 18) and Mosafir Singh (P W 12) from his village it about 5 a.m. At about 7.30 a.m. they reached near an orchard in village Gajra Chatar Accused Mahendra Pratap Singh and an unknown man were sitting outside the orchard and they Followed the deceased and the two witness wvhen they entered the orchard After proceeding a short distance Mahendra Pratap Singh shot Kuldip from behind with a fire-arm described as a revolver Mosafir fied but Sarj'ii attempted to grapple with Mahendra whereupon the accused shot him also. He received the injury at the back of the right knee joint Thereafter the accused and his companion fled away. Although Kuldip and Sarju foil down on receiving their injuries, they remained conscious They got up and went to a Thakurban in Gajra Chatar which was close by They halted on the way to the Thakurbari for a short time in a paddy field. There they met Bafo (P. W. 15) and Nagesh war Rajwar (P. W. 14) whom they told about the occurrence and also gave the name of the accused as their assailant.