- (1.) S. K. Mookerji, J. The VII Additional Sessions Judge, Meerut acquitted Ram Kishan and Balbir accused, who were charged for offence, under Section 302/34 of the Indian Penal Code and convicted Suresh accused, under Section 302 of the Indian Penal Code for committing the murder of Narendra Singh and sentenced him to imprisonment for life. Against the aforesaid order of acquittal passed by the Vllth Additional Sessions Judge, Meerut in favour of Ram Kishan and Balbir accused, the State of U. P. has filed Government Appeal No. 2129 of 1978. By the same judgment, the VII Additional Sessions Judge, Meerut has convicted Suresh accused, under Section 302 of the Indian Penal Code and sentenced him to imprisonment for life and, therefore, Suresh has filed an appeal against the said judgment. His appeal number is 2000 of 1978. Both the above appeals (No. 2129 of 1978 and 2060 of 1978) arise out of the common judgment in Sessions Trial No. 341 of 1977 passed by the VII Additional Sessions Judge, Meerut dated 18th May, 1978. Both the aforesaid appeals by the State of Uttar Pradesh and Suresh have been connected and are disposed of together by this judgment.
(2.) THE prosecution case is disclosed in the written report submitted by P. W. 2 Dharm Pal, uncle of deceased Narendra Singh on 6-6-1977. THE occurrence took place on 6-6-1977 at about 6. 30 p. m. It is necessary to point out that P. W. 2 Dharm Pal is not an eye witness, but he came to know about the occurrence from the eye witness P. W. 5 Brahm Singh. According to this written report Ext-Ka-4, Narendra Singh deceased was caught hold by Ram Kishan accused and Balbir accused on his way to his field near the sugarcane field of Vijay Singh and the accused Suresh gave him a blow from behind with a sharp-edged weapon. It is also stated that on alarm raised, P. W. 3 Jeet Singh, P. W. 4 Hukam Singh and P. W. 5 Brahm Singh were attracted and witnessed the incident. THE assailants made their escape and since the condi tion of deceased Narendra Singh was precarious, he was removed to P. L. Sharma Hospital, Meerut and in the hospital, the Doctor declared him dead. THE First Information Report was submitted on 6-6-1977 at 23. 55 hours at police station Railway Road, Meerut, which is said to be nearest police station from the aforesaid hospital. As the case related to police station Jam, the First Information Report along with the copy of General Diary was sent to police station Jani where it was received on 7-6-1977. At this stage, it is relevant to point out that the age of accused Ram Kishan has been shown as 70 years. It is pointed out that P. W. 6 H. C, Bhanwar Singh has stated that he was posted at Police Station Jani and received the copy of the First Informa tion Report and general diary through constable Man Singh on 7-6-1977 and made general diary entry Ex-Ka-5. On 8-6-1977 Sub-Inspector Razi Haider submitted two sealed packets relating to this incident and made general diary entry. He further proved that Balbir accused lodged First Information Report on 6-6-1977 and proved general diary entry Ext. Ka-7. He sent Ram Kishan and Balbir for medical examination through constable Madan Lal. Constable Madan Lal disclosed that the Hospital was closed therefore, medical examina tion could not be conducted. According to him, there was one bruise on the nose of Ram Kishan and there was no other injury available on the person of these two accused. Ram Kishan was directed to get himself medically examin ed on the following day. He was arrested on 8-6-1977. P. W. 9 Umrao Singh, Constable, proved the other First Information Report lodged by accused Balbir against Hukam Singh, Kripa and others on 6- 6-1977 and the same is Ext Ka-21. P. W. S. I. Jagdish Prasad stated that he was posted as Sub-Inspector police station Railway Road, Meerut and received information at about 11 p. m' about the death of Narendra Singh. He went to P. L. Sharma Hospital Meerut at 9 a. m. on 7-8-1977 and conducted inquest proceedings and proved inquest report Ext. Ka-7 and also photolash and challan-lash Ext. Ka-2 and Ka-3. He sent the sealed deadbody for post-mortem through constable Roop Ram and Kripal Singh. The post-mortem report is Ex. Ka-18.
(3.) DR. O. N. Srivastava conducted post-mortem examination of the deceased Narendra Singh. The Doctor found a punctured wound with clear cut margin on the back of the chest left side 11 cm. X 4. 5 cm X chest cavity deep. Scapula bone under it was also cut. On internal examination, muscles of the neck were found cut, the left side of the lungs was also fouad cut. The pericardium was full of blood and the pleura was also found cut from left side According to the Doctor, the death was due to shock and haemorrhage as a result of the injuries sustained. P. W. 2 Dharmpal proved the written First Informatian Report. Balbir accused is the son of Ram Kishan accused and accused Suresh is the son of Mahabir, the second son of Ram Kishan accused. Ram Kishan has five sons Both the parties are agriculturists and their fields are adjacent separated by a Nali in between. Their fields used to be irrigated through the said Nali He stated that at about 4 p. m. on the date of occurrence Narendra Singh deceased along with Kripa Ram had gone to visit their field, which is adjacent to the field of Ram Kishan. Narendra Singh was the son of Kripal Ram, who is the brother of Dharm Pal, P. W. 2. They found that the three accused were digging earth from the said Nali. On their protest, there was exchange of abuses between the parties and it is stated that Narendra Singh, deceased, had abused the accused more in comparison to others. They, however, stopped the accused from putting earth on their field. They had, therefore, returned back at about 7 p. m. Brahm Dutt, son of Jai Jal, another brother of the complainant approached him and informed that the three accused had assaulted Narendra Singh, deceased, whose condition was precarious. He rushed to the spot and came to know that Kripa and others had taken Nareadra Singh, deceased t Meerut Hospital in tractor of Kaiu Kam as his condition was serious There after, he immediately went to the hospital in his tractor and came to know that Narendra Singh had died. The condition of his brother Kripa was also bad due to the death ol his son. Brahm Singh, P. W. 5 an eye-witness was also present on the spot. Dharm Pal came to know about the details of the occurrence from him and, thereafter, a written report was submitted at police station. P. W. 3 Jeet Singh P. W. 4 Hukam Singh and P. W. 5 Brahm Singh are eye-witnesses of the fact and supported the incident. P. W. 7 Ram Chander Sharma investigated the case of both the parties and after completing the in vestigation, submitted the charge-sheet against all the three accused persons. On behalf of the prosecution certain affidavits were filed to prove some docu ments. The prosecution further had tendered a copy of the bail application, Ext. Ka-22 moved by Ram Kishan on 25- 6-1977. In this bail application, it was urged that on 6th June, 1977, there had been exchange of hot words between Hukam Singh and Kripa on one side and Balbir on the other side and in the evening at about 7 p. m. when he and his son Balbir were inside their Gher, Hukam Singh, Jai Pal, Dharm Pal, Satyabeer and Narendra armed with lathi and danda came to the Gher and assaulted them. Balbir intervened and was also assaulted. Narendra, who was armed with a Pharsa, mounted a blow on the head of Balbir to kill him, who raised an alarm and Suresh in order to save his uncle used a knife. A report was also lodged at about 10 p. m. on 6-6-1977 at police station Jani, Balbir accused was medically examined by local Doctor and his injuries were noted. Ram Kishan was taken into custody next morning and was medically examined in Jail with six injuries. It will also be relevant to point out that the allegations made in the First Information Report. Ext. Ka-21, by Balbir where it was alleged that they were digging Nali. Hukum Singh and Kripa protested against their act and they stopped him for digging the nali. At about 7 p. m. Hukum Singh, Kripa, Jaipal, Dhara Pal, Satya Pal and Narendra armed with lathi and Phawara entered their house and assaulted them. Narendra received phawara injuries. The prosecution further tendered a copy of the complaint filed by Balbir accused, which is Ext. Ka-23.;