- (1.) M. C. Jain, J. Harnam Singh, Bharat Singh, Bharat Singh's son Awadh Bihari Singh and Ram Pal Singh were named as accused of case crime No. 42 of 1979, P. S. Derapur, District Kanpur. Out of them, Harnam Singh came to be murdered after the incident. The remaining three namely, Bharat Singh, Awadh Behari Singh son of Bharat Singh and Ram Pal Singh were chargesheeted and tried in Sessions Trial No. 141 of 1979 before the IV Additional Sessions Judge, Kanpur for committing the murder of one Jagdeo Singh at about 5. 30 P. M. on 13-3-1979 in the graveyard of one Mendhi Manihar in village Bachit Bhartu. They came to be convicted under Section 302 read with Section 34 I. P. C. . and each sentenced to life imprisonment by judgment dated 16-5-1981/19-5-1981. All these three preferred this appeal. Bharat Singh and Ram Pal Singh died during the pendency of the appeal. The appeal in respect of the former abated under order dated 5-4-2004 and in respect of the latter under order dated 28-4-2004. The Court, is, therefore, presently concerned only with Awadh Bihari Singh son of Bharat Singh.
(2.) THE relevant facts may be set out for appreciation of the discussion that has to follow. Of the incident in question, the F. I. R. was lodged the same day at 10 P. M. by Vishwanath Singh nephew of the deceased Jagdeo Singh. Accused Bharat Singh and some others had committed triple murder of one Mukut Singh, his wife - Chameli and daughter Raja Beti in 1977. THE deceased of the present crime, namely, Jagdeo Singh had appeared as prosecution witness in that triple murder case. Two persons, namely, Ghanshyam Singh and Babbu Singh were convicted and sentenced to death by the Sessions Court in that case on 8th March, 1979. That apart, litigation was going on between Harnam Singh and Smt. Bimla Kunwar in consolidation Court. THE deceased Jagdeo Singh was doing pairvi in that case from the side of Smt. Bimla Kunwar against Harnam Singh. This was the background of the present case. On the fateful day and time, Jagdeo Singh was returning to his village on cycle from Sithmara village market. He was being followed by his nephew Vishwanath Singh PW 2 and Surya Pal Singh on another cycle. When these persons reached the graveyard of Mehandi Manihar within the limits of village Bachit Bhartu, Harnam Singh and the remaining three accused appellants named above emerged out from an adjoining field and rushed towards Jagdeo Singh. Harnam Singh shouted that he should be killed and should not be allowed to escape. On the alarm raised by the informant Vishwanath Singh PW 2 and his companion on the cycle, witnesses Jagdish Prasad, Aniruddh Singh, Jai Karan Singh, Chhedi Lal and several others reached there. In the meanwhile, Harnam Singh and three accused appellants threw hand grenades on Jagdeo Singh with the result that he fell down and died on the spot. The assailants then took to their heels. Vishwanath Singh PW 2 prepared an F. I. R. and lodged the same at the Police Station Derapur, the distance of which was about 1 1 miles from the scene of occurrence. Head Constable Shiv Raj Singh PW 4 prepared the chick report and registered a case on the basis of the same. The case was investigated by S. I. Lallan Rai PW 6 who was posted as S. O. of the police station. He rushed to the spot on 13-3-1979 itself. The investigation was conducted as usual. Omitting unnecessary details, it should be stated that post mortem over the dead body was conducted by Dr. M. K. Awasthi PW 1 on 15-3-1979 at 3 P. M. The deceased was about 35 years of age and had died about two days before. The following ante-mortem injuries were found on his person: 1. Extensive lacerated wound 19 cm x 18 cm x brain cavity deep on the head extending from forehead to occipital and just above the left ear, 7 cm above the right ear. All the scull bone fractured. Left temporal, both parietal, frontal and occipital fractured into multiple pieces. Bone pieces embedded into brain substance. Brain matter lacerated and exposed. Skin around the wound in an area 9 cm x 8 cm absent. Margins of wound charred, surrounding hair partly burnt. 2. Extensive lacerated wound 13. 5 cm x 10 cm x oral cavity deep, on the left side of face and neck extending from left angle of mouth to the neck behind and below left ear and from left ear to neck below. Skin and muscles of the area absent. Charring of skin present around the wound. Left mandible fractured into multiple pieces and exposed. One piece of mandible with three teeth, one molar and two premolar missing from upper jaw. Upper jaw fractured and two molars of left side missing. Pieces of thread and 14 pellets removed from the under tissue. Bigger vessels of left side neck ruptured underneath. 3. Extensive lacerated wound 18cm x 16cm x abdominal cavity deep on the left side of back in lumber region, extending from renal angle to iliac crest and from mid axillary line to. 5 cm away from spine. Margins of the wound charred, skin and muscles absent on the area of wound. Left kidney and bowel exposed. 17 pellets removed from the surrounding underlying tissues. 4. Superficial burn 10 cm x 4 cm on the front of right wrist and right forearm lower part, blackening and charring present.
(3.) MUSCLE deep burn on the front of left ring finger in the middle 6 cm x 1 cm. Blackening present on the margins. Muscle deep burn 2 cm x I cm on the left little finger in proximal 1/3rd region blackening present on the margins, one sealed packet containing 45 pellets and pieces of threads removed from the wound and various organs. 5. As per the opinion of the Doctor, the cause of death was shock and haemorrhage as a result of extensive blast injuries. 6. The defence was of denial and of false implication due to enmity.;