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REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1482 OF 2013

YOGESH SINGH

…

APPELLANT(S)

:Versus:

MAHABEER SINGH & ORS.

…

RESPONDENT(S)

J U D G M E N T

Pinaki Chandra Ghose, J.

1.

This appeal is directed against the judgment and order

dated 17^th February, 2012 passed by the High Court of

Judicature at Allahabad in Criminal Appeal No.1734 of 1983,

whereby the High Court acquitted the accused persons –

respondents herein of the charges under Section 302 read with

Section 149 of the Indian Penal Code.

2.

The case of the prosecution is that on 26.06.1982 at about

8.00 A.M., the deceased Mohan Singh, who was a resident of

Village Garh Umrao, Tehsil Sadabad, District Mathura, U.P.,

after taking bath at the tube-well, was going to his house along

with his minor daughter Lajjawati (PW-5). He was carrying his

single barrel gun and the strip of cartridges with him. The

respondents Phal Singh and Mahabir Singh, along with other

accused Om Prakash and Gopi Chand, were clearing the

Digitally signed by

SONALI SAUND

Date: 2016.10.21

16:05:21 IST

Reason:

Signature Not Verified

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irrigation channel of their field; whereas respondents Raj Pal and

Satya Pal were scrapping grass in their respective fields. Jaipal

Singh and Om Prakash were engaged in plucking the Moong

Pods from the field. When deceased Mohan Singh reached the

ridge of the field of Om Prakash and Gopi Chand, Phal Singh

and Jaipal Singh caught him by his hands whereas respondent

Om Prakash came from behind, put his arm around him and put

him down on the ground. In the meantime, other accused

persons also reached there. Then the accused Jaipal and Om

Prakash caught hands of the deceased and accused Rajpal and

Satyapal caught the legs of the deceased. Rajpal hit the deceased

with a Ballam. Accused Mahabir Singh and Phal Singh severed

the head of the deceased Mohan Singh by hitting him with

Phawara (Spade).

3.

At the time of the incident, Kalyan Singh (PW-1), who is the

father of deceased Mohan Singh, and Bani Singh (PW-2) were

sitting at the tube well of Bani Singh situated at a distance of

around 150 yards from the place of incident. On hearing the

cries of deceased Mohan Singh and Lajjawati (PW-5), the

aforesaid witnesses rushed to the place of incident. In the

meantime, accused Harcharan also arrived at the place of

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incident carrying his gun. In order to dissuade Kalyan Singh and

Bani Singh, the accused respondents Phal Singh and Harcharan

fired in the air. Then the accused persons tried to take away the

body of deceased Mohan Singh by dragging it for some distance.

But due to the hue and cry raised by the eye-witnesses, the

accused fled away from the place of incident. Thereafter, Kalyan

Singh (PW-1) went to Police Station Sadabad with a written

complaint of the incident, on the basis of which an FIR of the

incident was lodged on the same day at around 11.00 A.M. and

Case Crime No.139 of 1982 was registered.

4.

Thereafter, investigation started and police sent the dead

body of Mohan Singh for post-mortem, prepared Site Map of the

place of the incident, and collected blood-stained soil and clothes

of the deceased. In the evening, accused Harcharan was arrested

and on the information given by him, a blood-stained Phawara

(Spade) was recovered. All the articles recovered were sent for

chemical examination.

5.

Dr. K.C. Jain (PW-4) conduced the post-mortem

examination of deceased Mohan Singh which disclosed that there

were three ante mortem injuries present on the corpse of Mohan

Singh; head was severed from the body; and there was fracture

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on 6^th and 7^th vertebra. The doctor opined that the death was

caused due to shock and hemorrhage due to above stated

injuries.

6.

After the investigation was complete, seven persons,

namely, Mahabir Singh, Phal Singh, Jaipal Singh, Om Prakash,

Raj P