Judgement

MITTER, J.:- In these two appeals by special leave, Jadunath Singh, Dev Singh, Surjan Singh and Sheoraj Singh challenge their conviction under Sections 302 and 307, Indian Penal Code both read with Section 34, Indian Penal Code and sentence of imprisonment for life on the former charge and to seven years rigorous imprisonment, under the latter, the sentences to run concurrently. They had been acquitted of the charges by the Sessions Judge, Shahjahanpur. The victims of the crimes were Gajraj Singh who was killed, his son Rishipal and two other persons, Mohram and Sohanpal, the last three receiving gunshot injuries.

2. The case for the prosecution was as follows, Jadunath Singh, the first appellant, is a cousin of Gajraj Singh, deceased. They were residents of village Chaura and their houses faced each other with a narrow intervening lane. A village pathway ran in front of their houses from north to south-east and the Rathkhana of Jadunath Singh lay close to it. Appellant, Dev Singh, is the husband of the sister of Jadunath Singh and had been living with him for a few years before the incident. The appellant Surjan Singh, was a cousin of Jadunath Singh s wife while the appellant, Sheoraj Singh, was related to Dev Singh, Govind Singh of village Hareora, an uncle-in-law of Jadunath Singh had a daughter named Bitana who had been married to one Mashal Singh. Rishipal Singh, son of Gajraj Singh, deceased, had eloped with Bitana and was living in the house of Gajraj as man and wife. This misconduct of Rishipal Singh was resented by the relations of Govind Singh and they wanted the girl to be sent back to her father s place. On December 21, 1963 at about 4 in the afternoon, Gajraj who was returning home from village Kilapur was accosted by Jadunath Singh in front of his Rathkhana and asked to send Bitana back to her father s house with Surjan Singh. Gajraj replied that he had no hand in the matter and Jadunath should speak to Rishipal. An altercation ensued and Jadunath asked the other appellants who were by his side to kill Gajraj and take away Bitana by force. Dev Singh and Surjan Singh who were carrying spears and Sheoraj who was armed with a lathi fell upon Gajraj and inflicted numerous injuries on him. Rishipal Singh and one Najju who were sitting in the open space in front of the house of Gajraj rushed to save him and raised an alarm which attracted the neighbours. Rishipal, Sohanpal and Mohram (P. Ws. 1,3 and 4) tried to intervene but Jadunath Singh fired upon them repeatedly with his gun. The assailants thereafter ran away leaving their victims bleeding on the ground. Bitana who had got terrified ran to the house of Raghunandan Singh and informed him about the occurrence. Raghunandan Singh and Bitana approached Gajraj when he told them that he had been beaten by the appellants because of Bitana s living in his house with Rishipal. Soon thereafter he expired. It was on the next morning that Rishipal proceeded to Police Station Kalan, 7 miles away with other injured persons and dictated a report at 11.45 a.m. giving the essentials of the prosecution story and naming the appellants as responsible for the crime.

3. P. W. 10, the Sub-Inspector of Police who reached the village the same day found the dead body of Gajraj lying in front of the house of one Ghoorey Khan on the village pathway. Blood was split near the dead body. Five fired cartridges, 4 tiklis and one wad were handed over to him by Sripal.

4. The postmortem of Gajraj was conducted by the Civil Surgeon, Shahjahanpur on 24th December 1963 at 11.05 a.m. showing 3 incised wounds, 6 rectangular penetrating wounds, 4 penetrating wounds, 2 contusions, one contused wound and one abrasion, in all 17 injuries. According to the report the injuries were caused by some sharp-edged weapon, pointed weapon and a blunt object. The duration of the injuries as given by the doctor fitted in with the time of occurrence as alleged by the prosecution.

5. Rishipal, Sohanpal and Mahram we