UDAI BHAN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) THE two appellants father Udai Bhan Singh (A-1) and son Phool Singh (A-2) had committed fratricide /patricide on 27.8.1979 at 8.30 p.m. in village Arka, police station Karari, district Fatehpur by gunning down and inflicting several incised wound to Chandra Bhan Singh, who was none else other than real brother of (A-1) and uncle of (A-2) for which crime both of them were prosecuted, by III Additional Sessions Judge, Allahabad in S.T. No.39 of 1980, State Vs. Udai Bhan and another, and were convicted under Section 302/34 IPC and sentenced to imprisonment for life. Hence this appeal. Pending final outcome of their appeals, appellant Udai Bhan Singh (A-1) expired and his appeal was abated on 11.1.2012. Now only the appeal of appellant Phool Singh (A-2) is to be considered by us.

(2.) COMPLETE narration of the prosecution case was made by the informant Smt. Itwari Devi P.W.1 (widow of deceased Chandra Bhan Singh), Lalloo Singh P.W.2 and Kalyan Singh P.W.4 (both sons of the deceased), during the session's trial. Sketching the gist of their allegations, it is evident that Padua @ Mathura Chamar and Bhagwaniya were the parents of the informant Itwari Devi P.W. 1 and were residents of village Arka, police staiton Karari, district Fatehpur. P.W.2 and P.W.4, Lalloo Singh and Kalyan Singh, are the sons of the informant and the deceased. Appellant Udai Bhan Singh (A-1) and deceased Chandra Bhan Singh were sibling brothers, both being sons of Jai Karan Singh resident of the same village. Appellant Phool Singh (A-2) is the son of Udai Bhan Singh (A-1). Jai Karan Singh had 21 bighas of agricultural land, which was jointly held by him and his two sons as no partition in between them had taken place. Deceased Chandra Bhan Singh impressed upon his elder brother (A-1) to partition the property but (A-1) was not agreeable for it. One month prior to the date of the present incident, 27.8.1979, Jai Karan Singh expired. In those days, consolidation proceedings were going on in the village Arka. Fifteen days prior to the present incident (fifteen days after demise of Jai Karan Singh), Chandra Bhan Singh (deceased) moved an application before the consolidation authorities for separating his share from the joint property. When (A-1) came to now of it, he also filed an application in the consolidation proceedings that he was the only heir of Jai Karan Singh (deceased) and therefore, entire property be carved out in his name. Three days prior to the incident, (A-1) came to the deceased and threatened him to withdraw his application moved in the consolidation proceedings otherwise bear the consequences. Deceased did not succumb to such a threat and rebuffed (A-1) by informing him that he also had a family to foster and refused to withdraw his application.

(3.) DR. Vijai Pal P.W. 3 performed autopsy on the dead body of the deceased Chandra Bhan Singh on 29.8.1979 at 2.30 P.M. in Moti Lal Nehru Hospital, Allahabad which was brought to him by the aforesaid constables Hari Ram Upadhyay and Maha Nand Singh. Deceased was found to be 50 years of age and had expired prior to quarter to two days. Rigor mortis was absent on his upper torso but was present in the lower part. In the sustained injuries maggots were present. No pellets or any piece of wad was recovered from inside the dead body. Skull bones were fractured at its base and structure in front of the neck and soft tissue of mouth were cut. Heart and left lung were lacerated extensively at several places. Left diaphragm had ruptured, stomach, small intestine, urinary bladder all were empty and large intestine had faeces. Cause of deceased death was shock and haemorrhage due to ante mortem injuries. From the cadaver of the deceased, a loin cloth and a towel (gamchha) were taken out by the doctor, which were sealed and handed over to the constables. Post mortem examination report of the deceased was prepared by P.W. 3, which is Ext. Ka-3. All the incised wound sustained by the deceased could have been caused by spade and the injuries could have been inflicted on him at or about the time of the incident and were sufficient in ordinary course of nature to cause his death. Following ante mortem injuries were sustained by the deceased on his body:-