Judgement

KHANNA, J. :- Harihar Bux Singh (62) his two sons Rudra Pratap Singh (30) and Mahesh Pratap Singh (27) and there employee Ram Singh (45) were tried in the court of Civil and Sessions Judge Hardoi in connection with the murder of Hargovind Singh alias Lalla Singh (45). The learned Sessions Judge convicted Harihar Bux Singh under Section 303. Indian Penal Code and sentenced him to death. Rudra Pratap Singh was convicted under Section 302, Indian Penal Code. He too was sentenced to death. Mahesh Pratap Singh and Ram Singh were convicted under Section 302 read with Section 34, Indian Penal Code and each of them was sentenced to undergo imprisonment for life. On appeal and reference the Allahabad High Court acquitted all the four accused. The State of Uttar Pradesh has now filed the present appeal by special leave against Harihar Bux Singh and Rudra Pratap Singh.

2. Hargovind Singh deceased was a first cousion of Harihar Bux Singh accused. The two lived together in adjoining houses in village Andharra, at a distance of five mills police station Bilgram in district Hardoi. The prosecution case is that there was some dispute between Harihar Bux Singh accused the Hargovind Singh deceased regarding partition of their joint properties. On January 13, 1972 a quarrel took place between the children of the two families at about 5 p.m. A four-year-old son of Hargovind Singh came weeping inside the house and stated that he had gone to the Chaupal and sister Bitua had beaten him. Bitua who is aged about 27 years is the daughter of Harihar Bux Singh accused The Chaupal Mentioned by the Son of Hargovind. Singh belonged jointly to Harihar Bux Singh accused and Hargovind Singh deceased and was at a short distance from their houses. Hargovind Singh deceased on being told of the beating given to his son went out after saying that be too was the owner of the Chaupal. Rajeswari Devi wife of Hargovind Singh, who was also present in the house, then heard exchange of abuses from outside. Rajeshwari Devi wanted to come out but in the meantime Hargovind Singh came inside the house followed by Rudra Pratap Singh, Harihar Bux Singh, Mahesh Pratap Singh and Ram Singh accused Rudra Pratap Singh had a gun in his land, while Harihar Bux Singh had a rifle. Mahesh Pratap Singh and Ram Singh were armed with lathis. Harihar Bux Singh and Mahesh Pratap Singh instigated Rudra Pratap Singh to kill Hargovind Singh so that the dispute about the partition of the property might be finished for ever. Rajeshwari Devi then caught hold of the hand of her husband Hargovind Singh with a view to take him inside the room. Harihar Bux Singh, Mehesh Pratap Singh and Ram Singh again instigated Rudra Pratap Singh to kill Hargovind Singh. Rudra Pratap Singh then fired a shot from his gun at Hargovind Singh. Hargovind Singh fell Down and died immediately thereafter. The occurrence, it is stated, was witnessed by Rajeshwari Devi as also by Gajraj Singh, Jograj Kachhi, Ram Kumar, Sadulla Gaddi, Ram Sarup and Shanti Kumari, wife of Vishwanath Singh a collateral of Harihar Bux Singh accused and hargovind Singh deceased. When Gajraj Singh protested against the killing, the four accused went away.

3. Report Ka-2 about the occurrence was got written by Rajashwari Devi from Vishwanath Singh s son. She then sent the report through Suresh Pratap Singh to police station Bilgram. A case was registered upon the basis of that report at the police station at 7.30 p.m.

4. The case of the prosecution further is that Harihar Bux Singh was under a sentence of imprisonment for life during the days of the present occurrence in connection with a murder which had taken place about 16 or 17 years ago. Harihar Bux Singh had, however, been released on probation under Section 2 of the U.P. Prisoners (Release on Probation) Act on his executing a bond for good behaviour.

5. Sub Inspector Purnanand Misra after the registration of the case came to the place of occurrence. He found the dead body of the deceased