STATE Vs. BRAJ RAI SINGH

JUDGEMENT

(1.) The instant Government Appeal has been filed against the judgment and order dtd. 9/3/1984 passed by the Additional Sessions Judge, Baeilly in S.T. No. 67 of 1993, Case Crime No. 114 of 1982, State of U.P. Vs. Braj Raj Singh and Others, under Ss. 147/ 148/ 149/ 302/ 307 IPC whereby the learned Trial Court acquitted the accused persons from the charges of offence defined under Ss. 302/149, 148, 307/149 IPC.

(2.) The record indicates that the accused Braj Raj Singh, Kandhari Singh and Master Singh have died during the pendency of instant appeal and the appeal has been abated for above accused respondents. At present accused-respondents Ram Chandra Singh and Omkar Singh are surviving. Hence, we are proceeding to consider the Governement Appeal in respect of the said accused respondents, namely, Ram Chandra Singh and Omkar Singh.

(3.) In brief, the facts of the case are that the informant Phoolan Singh S/o Malkhan Singh lodged the FIR under Sec. 147, 148, 149, 307 and 302 IPC against the accused persons Braj Raj Singh, Kandhari Singh, Omkar Singh, Ram Chandra Singh and Master Singh with the contention that accused Braj Raj Singh had taken some loan from the Lala Ram Awtar, which could not be repaid, consequently the land of Braj Raj Singh got auctioned in lieu of loan amount. The brother of informant Buddha Singh took part in auction proceedings and was successful bidder. He paid Rs.8,000.00 as auctioned money but due to subsequent litigation Buddha Singh could not get possession over the property auctioned. Since Buddha Singh had purchased the aforesaid land of Braj Raj Singh in auction, therefore, Braj Raj Singh and his family members were feeling enmity with Buddha Singh. On 29/10/1982 at about 3.00 p.m. the informant alongwith his brother Buddha Singh was going with his animals towards pond for providing them bath, as they reached near the hut (Mandvi/Chhappar) of accused Master Singh, the accused persons who were carrying the guns in their hand came out from inside the hut of Master Singh. Accused Braj Raj Singh exhorted them to kill. As the informant and Buddha Singh saw and felt intention of the armed accused persons and heard the voice of exhortation they ran towa rds north east by raising alarm to save their life. After running some distance informant and Buddha Singh for taking shelter, entered into the house of Phoolan Singh S/o Lakhan Singh and tried to close the door. At same time all the accused persons, who were chasing them reached there and opened fire on informant and Buddha Singh with intention to kill. The brother of the informant fell down by receiving the fire arm injuries, informant also received the pellet injuries on his body. At that time witnesses Phoolan Singh S/o Lakhan Singh, Bheekam Singh, Balbir Singh, Hardwari Singh, Indar Pal Singh and Badri Singh and other villagers reached on the spot. Having seen them, the accused persons fled away towards north. While causing the attack, accused persons Kandhari Singh and Ram Chandra Singh were carrying their licensee guns and Braj Raj Singh, Omkar Singh and Master Singh were carrying single barrel guns in their hands. Buddha Singh had died on the spot. Accordingly, the FIR of the occurrence was lodged under Crime No. 114 of 1982 against aforesaid accused persons at Police Station Bhuta.