BHARTU AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal under Section 374(2) of the Code of Criminal Procedure has been filed by the accused persons, Bhartu, Dharampal and Kunwarpal against the judgment and order dated 16.9.1988 passed by Sri S.C. Tyagi, IVth Additional District and Sessions Judge, Saharanpur in respect of Sessions Trial No. 278 of 1988 convicting and sentencing the appellants under Section 302 read with section 34 IPC to undergo rigorous imprisonment for life and under Section 307 read with section 34 IPC rigorous imprisonment for 7 years. Both the sentences were directed to run concurrently.

(2.) The F.I.R. was lodged by the complainant Sri Samay Singh son of Malkhan Singh, resident of village Pandukheri, Police Station Nanauta, district Saharanpur on 2.10.1983 at 8:05 A.M.. It was stated in the complaint that his grandfather Kripa had died issueless who was having 9 bighas of land regarding which in the family of complainant and his uncle Bhartu, there was a dispute. In the said land, the crop of paddy was standing. On 1.10.1983 in the evening, father of the complainant Malkhan Singh, his brother Brijpal and Bhram Singh had gone to take chari from the field. They had seen that on the land in dispute uncle Bhartu, his sons Dharampal and Kunwarpal were cutting the crop of paddy. When they objected to this and stated that the matter is pending in the Court and they should not cut it till the case is decided, thereupon Bhartu and his sons Kunwarpal and Dharampal had started beating father of the complainant. At that time, Bhartu was having lathi, Kunwarpal was having tabal and Dharampal was having country-made-pistol. Hearing commotion, the villagers Kabaj, son of Nathu came there and had seen the occurrence. The accused persons after doing maarpeet had left the scene of occurrence at about 6-6:30 P.M. Due to the incident, father of the complainant Malkhan had died and brothers Brijpal and Brahm Singh had sustained injuries. The complainant received information about the incident from the witness Kabaj and when the complainant went at the field, father of the complainant was found dead and both the brothers were found in an injured conditions but since in the night, no arrangement for conveyance could be made, they could not come to the police station accordingly. A request was made that the report be lodged and action be taken. The complaint of the complainant was registered as Crime No. 88 of 1983, under Sections 302, 307, 323 IPC. The investigation was handed over to Sri Sultan Singh Rai, S.I. who visited the place of occurrence. He collected the plain soil and bloodstained soil. One live cartridge of 12 bore was also collected from the scene of occurrence. The injured Brijpal and Brahm Singh were medically examined and x-ray of them was also done. The dead body of Malkhan Singh-deceased was sent for post-mortem and inquest report was prepared.

(3.) Brahm Singh and Brijpal were examined at the Primary Health Centre, Nanauta, District Saharanpur at 9:55 A.M. and 10:15 A.M. respectively on 2.10.1983.