Mukhtar Ahmad, J. - (1.) This criminal appeal arises out of the judgement and order dated 26.11.1983 passed by IV Additional Sessions Judge, Kanpur Dehat in S.T. No. 175 of 1980 (State Vs. Mohar Singh and Ors) whereby appellants were convicted and awarded sentence as under: JUDGEMENT_29_LAWS(ALL)5_2018_1.html
(2.) The prosecution version in nutshell is that appellant Mohar Singh and his family members had illegally taken forceful possession over the trees belonging to one Sukhdei co-villager and a suit was filed by her in this regard wherein Shyamlal, grand-father of first informant and Ramnath Singh co-villagers were the witnesses. That suit was decreed in favour of Sukhdei and in execution of the decree, she-buffallow of Mohar Singh was attached, due to which Mohar Singh and his family members were having grudge and animosity with first informant and his family. Narrating the story and manner of assault it was asserted that on 2.3.1980 at about 3:30 p.m. in village Gurgawan P.S. Sheoli district-Kanpur Dehat, Kamal Narain nephew of first informant, Ram Nath Singh-PW-2, Nanka Chamar-DW-3, Radhelal Chamar, Ram Kumar Nai-PW-3, Jai Ram Teli, Bhagwan Deen Nai and so many co-villagers were singing holy faag in front of the house of Ranjit Singh and did not stop in front of the house of Mohar Singh. At that time Mohar Singh armed with his licensee gun abusing the people in faag, shouted as to why they did not stop at his door and why stopped at the door of his nephew Ranjit Singh. He also exhorted his family members to keep them run away by beating. Upon this Gaya Singh having, tamancha, Naththu Singh, Harishankar, Mool Chand, Brij Bhushan, Sundar Singh, Ram Awtar Singh, Badri and Kallo armed with lathi danda came there and Mohar Singh opened fire from his licensee gun aiming at Kamal Narain which hit his chest, while accused Gaya Singh fired a shot on Nanka-DW-3 who received pellet injuries on his wrist and abdomen. The remaining accused started assaulting Radhe Lal Chamar, Ram Kumar Nai, Ram Nath and Nanka Chamar and caused them injuries. It was also contended that the incident was also witnessed by Jai Ram Teli and Bhagwan Deen Nai and so other persons of the village. The condition of Kamal Narain was serious, so he was immediately taken to the hospital for treatment but on the way before outpost Bhaupur in village Ate, he succumbed to the injuries. The FIR was got lodged by Jaggannath @ Lallu Dubey PW1, which was registered by PW-5 constable Dharmendra Singh and concerning G.D. was also prepared by him. The case was investigated by Salik Ram Ratnakar, sub-inspector of police, PW-6, who recorded the statement of first informant Jagannath PW-1 at police station and rushed to the spot, where he prepared site plan, conducted inquest. Thereafter preparing necessary papers such as chalan nash, photo nash, chitthi C.M.O, chitthi R.I and send the dead body in a sealed cover through constable Vishwanath Singh-PW-4 and constable Shiv Shankar to the post mortem house. Investigating Officer also collected the blood stained and simple mud, empty cartridges, pallet, tikli etc. from the spot and prepared the fard. After concluding the investigation he submitted the charge sheet against all the accused persons. Concerned magistrate committed the matter to the court of session for trial, where from it was transferred to the court of Additional Sessions Judge, by whom charges were framed against accused persons who did not plead guilty and claimed to be tried.
(3.) In order to substantiate the charges against the accused persons, the prosecution examined 8 witnesses. PW-1 Jagannath @ Lallu Dubey, is the first informant of this case he has proved the FIR. PW-2 Ram Nath Singh and PW-3 Ram Kumar are examined as eye witnesses of the incident who as per prosecution had sustained injuries in the same incident. PW-4 constable Vishwanath Singh is the witness who along with constable Shiv Shankar had taken the dead body after inquest to the post mortem house. PW-5 is the constable Dharmendra Singh, who had registered chik FIR and concerned G.D of this case. PW-6 Salik Ram Ratnakar is the Investigating Officer of this case. PW-7 Dr. A.N. Singh is the witness who conducted post mortem on the dead body of deceased Kamal Narain on 3.3.1980 at 3 p.m. PW-8 Dr. A.K. Chauhan was medical officer of Primary Health Centre Chaubepur, who had examined injured Radhe Lal, Ram Kumar, Nanka, Ram Nath and Kali Charan on 3.3.1980.;