Kundan Singh, J. - (1.) This appeal has been preferred against the judgment and order dated 19.3.79, passed by Sri S.K. Mishra, the then Ist Additional Sessions Judge, Jhansi, in S.T. No. 21 of 1977 against the acquittal of Siya Saran and 5 others for the charges levelled against them under Sections 147, 148 392 and 302/149 Indian Penal Code.
(2.) The prosecution case, in brief, is that Babu Singh who was head constable, purchased 57 acres of agricultural land in village Gopalpur, district Jhansi which he divided into three equal parts for himself, his brother Karan Singh and Phool Singh. All the three brothers had also their houses there. Phool Singh had five daughters. Elder daughter, named Vimla, was married to Jagdish of village Lakara but she was not a lady of good character and hence Jagdish and his brother made complaint to Babu Singh that she had illicit relation with Siya Saran. Jagdish sold Vimla to some man of his community in village Obri, but she was taken away by accused Siya Saran, Bhagwan Singh and Jawan Singh. Phool Singh accused took her to his house in his village Gopalpura from village Obri. Siya Saran and Bhagwan Singh used to visit her at the house of Phool Singh with the intention to keep her with them. Karan Singh was sarpanch and was leading a life of a respectable man, hence he objected the visit of Siya Saran and Bhagwan Singh to Phool Singh. All the accused were annoyed with the behaviour of Karan Singh. Karan Singh was going from his house to cite to sell his milk by his bicycle as usual. On the day of occurrence i.e. 6.11.75 at 6.45 a.m., Babu Singh was returning from Ambapur to his village Gopalpura. He heard cries from the side of field of Kallu to run and save. When he reached there he saw Bhagwan Singh, Siya Saran, Lakhan, Phool Singh, Jawan Singh and Badam Singh assaulting Karan Singh with pharsa and lathi. Phool Singh had a gun at that time which he handed over to Siya Saran and asked him to kill Karan Singh otherwise Karan Singh would kill him. Thus he loaded the gun with cartridge and fired a shot which hit at the head near the ear, passing through the neck. The accused fled away towards Gopalpura. Shriek of the deceased attracted the witnesses Nawab Singh and Bhagirath who also arrived at the scene of occurrence and witnessed the same. Babu Singh left the dead body of Karan Singh in the care of Nawab Singh and Bhagirath and went to village Gopalpura where wife of Karan Singh informed him that Lakhan had taken away the gun of Karan Singh forcibly with the belt of cartridges. Then Babu Singh went to police station Raksa, where he lodged the FIR at 10.30 a.m. on the same day i.e. 6.11.75.
(3.) The relevant papers were sent to Nahar Singh, Station Officer, who was present at Jhansi. He took the investigation in his hand. He reached the village of occurrence where he recorded the statement of Babu Singh inspected the dead body and prepared the inquest report and sent the dead body to the Mortuary for post-mortem. He inspected the place of occurrence and prepared the site plan. He also found discharged cartridge and a pellet lying on the spot. He took the cartridge and pellet in custody and prepared its memo. He also took the blood stained Muffler of the deceased in custody and prepared its memo. He took blood stained and unstained earth into custody and prepared recovery memo thereof. He recorded the statement of witnesses. He also took the gun and cartridge with the belt of Phool Singh in custody. The empty cartridge recovered from the place of occurrence and the gun of accused Phool Singh were sent to to Ballistic expert for his opinion. According to the Ballistic expert opinion, the cartridge recovered from the spot was fired from the gun of Phool Singh accused. The Investigating Officer completed the other formalities of investigation and submitted charge sheet against the accused respondents in court.;