JANAK SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The appellants were put on trial by the learned IInd Additional District and Sessions Judge, Saharanpur in Session Trial No. 61 of 1982 and by judgement dated 08.06.1983, they were held guilty of committing various offences. Appellants-Narendra and Kehar Singh were charged under Sections 147, 302, 325/149 and 324/149 I.P.C. and they were accordingly convicted of committing those offences. Likewise, appellants Rajendra, Prakashi and Netrapal were tried for committing offences under Section 148, 307/149, 325/149 and 324/149 I.P.C. and they were also convicted of committing those offences. Appellants Narendra and Kehar Singh on account of being convicted as aforesaid were directed to suffer rigorous imprisonment for one year under Section 147 IPC, rigorous imprisonment for life under Section 302IPC, rigorous imprisonment for seven years under Section 325/149 I.P.C. and rigorous imprisonment for two years under Section 324/149 I.P.C. Likewise, appellant Rajendra, Prakashi and Netrapal were also directed to suffer rigorous imprisonment for two years under Section 148 I.P.C. rigorous imprisonment for life under Section 302/149 I.P.C., rigorous imprisonment for seven years under Section 325/149 I.P.C. and rigorous imprisonment for two years under Section 324/149 I.P.C. The present appellants alongwith deceased-appellant-Janak Singh preferred the present appeal to challenge the judgement of conviction and order of sentence dated 08.06.1983. Appellant-Janak Singh died during the pendency of the present appeal and the appeal as on his behalf stood abated. The prosecution case was contained in the written report Exbt. Ka.-1 which was sent by Hans Raj (P.W.-1) alongwith the injury reports of himself, Madan Singh (P.W.-4), Jasbir (deceased), Sarjeet Singh (not examined) to the police station and on that basis the F.I.R. of the case Ext. Ka.-9 was drawn up. It was stated in the written report that the informant (P.W.-1) had purchased 14 Bighas of Kham land about 11 years ago by a deed of sale executed by deceased-appellant-Janak Singh and the informant continued to be in possession over the land since the very day of the purchase and was tilling and sowing the same.

(2.) It was alleged by the informant that deceased-appellant-Janak Singh raised some objections regarding the genuineness of the deed of sale three years after the execution of the same and alleged that he had been defrauded and, as such, filed a suit in a court seeking, besides others, the relief of retrieval of his possession. The suit was decreed and the consequential appeals were also decreed in favoured of the informant as per his claim.

(3.) The informant stated that he had planted sugar-cane and he alongwith his sons Madan Singh (P.W.-4) and Jasbir (deceased) as also villagers, namely, Sarjeet Singh, Babu Ram, Kripa, Ram Pal, Veer Singh and Mahfooz(all not examined) were cleaning the sugar-cane sticks at about 8.00 am on 09.11.1980. On account of the enmity arising out of the litigation which had taken place in respect of the same land, appellants Janak Singh (deceased) armed with a lathi, Narendra and Kehar Singh both armed with lathi, Rajendra and Prakashi both armed with Balkatti and Netrapal Singh armed with a lathi, came there and started assaulting the informant and his sons Madan Singh and Jasbir. Sarjeet Singh (not examined)intervened to save the informant and his sons and he was also assaulted by the accused persons.