The present criminal appeal under Section 374 of CrPC has

been filed by appellants- Hariram and Veer Singh against the

judgment of conviction and sentence dated 30/03/2012 passed in ST

No.45 of 2011 by Second Additional Sessions Judge (FTC),

Mungawali, District Ashok Nagar whereby appellant No.2-Veer

Singh has been convicted under Section 302 of IPC and appellant

No.1- Hariram has been convicted under Section 302/34 of IPC and

both the appellants have been sentenced to undergo Life

Imprisonment with fine of Rs.5,000- 5,000/- with default

stipulation.

(2)

Prosecution case, in short, is that appellants are the brothers

of deceased Shishupal, whose father Nannulal, was having a tractor

3

and land in his name and was living with deceased Shishupal.

Nannual, father of the deceased, expressed his desire to appellants

and deceased Shishupal that he would make partition of property

consisting of one tractor and the land after payment of loan amount

of tractor and expenses of marriages. As deceased Shishupal was

living with his father Nannulal, therefore, appellants were having

animosity with deceased Shishupal. On the fateful day i.e. 15-12-

2010 at around 08:00 pm, after completion of labour work, when

deceased Shishupal came home and was standing in the courtyard

of his house, at that time, appellants- accused arrived there and

hurled abuses which was objected by Shishupal. Thereafter,

appellant Hariram caught hold of both hands of Shishupal and

appellant Veer Singh inflicted axe blow at the back of head of

Shishupal as a result of which, blood started oozing. Accused Veer

Singh again gave an axe blow from the blunt side on his right eye

due to which Shishupal sustained swelling in his eye. On hearing

screams, Bhamra, Kalla Harijan and father of deceased i.e. Nannual

rushed to the spot for rescue. The appellants also threatened the

4

deceased for dire consequences.

(3)

On the next day i.e. 16-12-2010 at around 09:30 in the

morning, Shishupal along with father Nannulal went to police

station Bahadurpur, where a report was lodged vide Crime No.279

of 2010. Matter was investigated and injured Shishupal was sent to

PHC Bahadurpur for medical examination where Dr.Y.S.Tomar

medically examined him. On medical examination, the doctor found

incised wound on the right side of head and on the occipital region

and above the right eye found contusion and swelling. The nature of

injuries sustained by Shishupal were grievous on the head,

therefore, he was referred to District Hospital, Ashok Nagar for X-

ray. On the way to District Hospital, Ashok Nagar, Shishupal

succumbed to the injuries. Dr. KK Gupta, who was posted in the

District Hospital, Ashok Nagar informed in-charge of Police Station

Ashok Nagar on the basis of which, merg intimation No.Q/2010

was recorded on 16-12-2010 at about 05:15 pm, copy of which was

sent to Police Station Bahadurpur on 17-12-2010 at around 07:00

pm whereupon Merg No.35/2010 under Section 174 of CrPC was

5

recorded regarding the death of Shishupal. On 17-12-2010, for

conduction of postmortem of deceased safina form and Naksha

Panchnama were prepared and thereafter, Dr. KK Gupta conducted

postmortem of deceased and the body of deceased was handed over

to his father Nannulal. Thereafter, police recorded the statements of

witnesses and prepared spot map. The accused were arrested and on

the basis of memorandum an axe was seized from the house of

accused Veer Singh. After due deliberations and completion of

investigation, a charge sheet was filed before the competent Court

of Criminal jurisdiction. Since the matter was of the jurisdiction of

Sessions Court, it was committed to it. Charges were framed under

Section 302 of IPC against appellant Veer Singh and Section 302

read with Section 34 of IPC against appellant Hariram.

(4)

Accused abjured their guilt and pleaded complete innocence.

Statements of accused under Section 313 of CrPC were recorded in

which they denied the charges and it was