G.S.N.Tripathi, R.K.Singh, JJ. - (1.) The learned Sessions Judge, Fatehpur vide his judgment and order dated 22.1.1980, held the accused Sheo Narain Singh, Sheo Govind Singh and Shiv Dularey Singh (all appellants) guilty on the charges under Sections 302/34 IPC in S.T. No. 130 of 1979, State v. Sheo Narain & two others and convicted and sentenced them to undergo life imprisonment.
(2.) The prosecution case started on the basis of a F.I.R. lodged by Smt. Ram Kumari, P.W. 1 at the police station on 29.10.78 at 13.15 P.M. The incident is said to have taken place on 29.10.1978 at about 10.30 A.M. The distance of the police station is 4 miles from the place of occurrence. She has alleged the on 29.10.78 at about 9 A.M., she had gone to the shop of Ram Ashrey Nai and after making purchases, she was returning via the shop of Suraj Pal Singh. In front of the shop of Suraj Pal Singh, there was a Chabutara on which Chandra Kishore, Gulab Singh and Ram Shankar were sitting. When she came in front of the shop of Suraj Pal Singh, one Gulab Singh used some filthy language against her. Upon which, she reprimanded him and came back to her house, threatening that she would complain about the conduct of Gulab Singh to her husband. Thus she went home and told her husband (Krishna Pal Singh, deceased) about the filthy act of Gulab Singh, which he had done in presence of several persons. Her husband, Krishna Pal Singh became angry and proceeded towards Gulab Singh saying that he would settle his scores with him. Thus he started proceeding towards Gulab Singh. She asked him not to go but he did not relent and proceeded as stated as above. She accompanied him. At house of Gulab Singh, Sheo Dularey Singh Pradhan (accused) and his two nephews, namely Sheo Narain Singh and Sheo Govind Singh (both accused) were there. The deceased asked from Sheo Dularey Singh as to where Gulab Singh was. Then Sheo Dularey Singh asked him as to what was the need for Gulab Singh. Thereupon, her husband told him that before several persons, Gulab Singh had uttered filthy language towards his wife and had insulted her, treating her as hapless widow. He further said that he could also adopt the same procedure towards the female folk of his house too and it would not be possible for him (accused) to always keep the ladies of his house behind fetters. Thereupon, Sheo Dularey exhorted the other accused and asked Krishna Pal Singh to go away, otherwise he would be shot dead. Thereupon, Sheo Gopal Singh and Sheo Narain brought guns with them and shot at her husband when he was inside the shop of Suraj Pal Singh. Amar Nath @ Kalloo, Kalloo Dubey, S/o Sri Dwarika, Chandra Kishore and Suraj Pal were also sitting there. It was around 10.30 A.M. Sheo Narain had a licenced gun with him, whereas Shiv Govind had another gun. Both the sons of Sri Ram Pratap Singh, Sheo Dularey, Pradhan continued exhorting the two other accused to kill her husband. Sheo Narain fired first but it missed. Thereupon, Sheo Govind Singh fired at her husband, injuring him in his axilla resultantly Krishna Pal fell and died on the spot. After hearing the alarm and fire shots, her father in law Sri Bodhan Singh, P.W. 2 and his another daughter-in-law Sint. Sukh Rani Devi also arrived there, apart from several other persons of the village. The accused escaped. She got the F.I.R. scribed and sent it through her father-in-law Sri Bodhan Singh, to the police station.
(3.) On the basis of this written F.I.R., a case was registered in the G.D. by Constable Moharrir Sri Surendra Prasad, (Exhibit Ka. 3).;