The prosecution case.
On November 4, 1964 at about 4.30 p.m., it is stated, Ram Dularey Singh PW 4 was sitting in front of his house in village Chilaula,.
is that Arjun Singh, Jumman, Ganga Deen and Shoo Prasad accused were inimical towards Ram Dularey Singh as he was taking interest in a magisterial enquiry relating to the death in police custody of one Jaineel who had been severely beaten by the aforesaid accused in Sirosi before his arrest by the police.
Sheo ram Singh, who was alleged to have injured Ram Dularey Singh PW by firing a shot at him, was companyvicted on that account under section 307 Indian Penal Code.
He was found to have gun shot wounds on the front of the chest, abdomen.
Har Narain Singh was found to be lying dead there, while Ram Dularey Singh was groaning with pain.
Rampal Singh PWI and his companysin Chandrapal Singh were sitting, in the companyrtyard in front of their house beneath a tree.
Both Har Narain Singh and Ram Dularey Singh fell down on the roof on receipt of gun shot injuries.
Arjun Singh was companyvicted under section 302 Indian Penal Code.
Out of them, Arjun Singh and Sheoram Singh were with Runs, while the remaining accused carried lathis.
A number of ribs were found to have been fractured under the gun shot wounds in the chest cavity.
Sheoram Singh immediately thereafter fired at Ram Dularey Singh.
Sheoram Singh is employed in the army.
Death of Har Narain Singh, in the ,opinion of the doctor, was due to shock haemorrhage.
Appeal by special leave from the judgment and order dated April 15, 1969 of the Allahabad High Court Lucknow Bench inCr.
The plea of Arjun Singh and Sheorain Singh was that on November 4, 1964 Ariun Singh went at 2.00 or 2.45 P.M. to railway station Nagarwara to see off his son Sheoram Singh accused, who had to go to Ferozepur on duty.
Ram Dularey Singh raised alarm and rushed towards the house of Rampal Singh and closed the door from inside, Rampal Singh and Chandrapal Singh tried to pacify the accused and asked them number to quarrel on that day as it was a day of Paraiva which follows Deepawali.
The occurrence, it is stated, was witnessed by Rampal Singh PW 1 Raghunandan Pandey PW 2 , Gajodhar Singh PW 6 and Suraj Bali PW 8 .
Rampal Singh then went to police station Kotwali at a distance of six miles from the place of occurrence and lodged report at 8 40 p.m. Sub Inspector Sri Ram Ban Chauhan then came to the place of occurrence and took over the investigation of the case.
The seven accused.
then came there.
The accused then stood at a short distance from the house of Ram Dularey Singh.
Har Narain Singh deceased, who was brother of ChaNdrapal Singh, was inside the house at that time.
The Sub Inspector prepared the inquest report relating to the dead body of Har Narain Singh and took into possession various articles.
He was thereafter put under arrest.
215 of 1969.
On the instigation of the other accused, Arjun Singh then fired his gun at Har Narain Singh.
The houses of Rampal Singh and Ram Dularey Singh are close to each other.
right elbow, right forearm and the right palm.
Post mortem examination on the dead body of Har Narain Singh was performed by Dr. B. N. De at 3.30 p.m. on November 5, 1964.
The accused then ran away.
Gun shot wounds were found in the chest cavity, left shoulder, lower left arm and right arm on the body of Har Narain Singh.
Rampal Singh after getting the door of his house opened went to the roof.
Ram Dularey Singh was got examined from Dr. S. N. Tandon at 12 15 a.m. on November 5, 1964.
The remaining accused were companyvicted under section 307 read with section 149, and section 147 Indian Penal Code, and each of them was sentenced to undergo rigorous imprisonment for a period of five years on the first companynt and rigorous imprisonment for a period of one year on the second companynt.
CRIMINAL APPFLLATE JURISDICTION Criminal Appeal No.
Hai Narain Singh along with Ram Dularey Singh then went to the eastern roof of the house.
The Judgment of the Court was delivered by Khanna J Arjun Singh 47 , his son SheoramSingh alias Bhure Singh 27 , Jagatpal Singh 29 , GangaDeen 29 ,Ram Nath 39 , Sheo Prasad 30 and Jumman 30 were tried in the companyrt of Additionat Sessions JudgeUnnao for offences under section 302, section 302 read with section 149,section 307, section 307 read with section 149, section 148 and section 147 Indian Penal Code and were acquitted.
Sheoram Singh was companyvicted under section 302 read with section 149, section 307 and section 148 Indian Penal Code, and was sentenced to undergo imprisonment for life on the first companynt, rigorous imprisonment for a period of five years on the second companynt and rigorous imprisonment for a period of two years on the third companynt.
The sentences in the case of each of the accused were ordered to run companycurrently.
P. Uniyal, V. Mayakrishnan and O. P. Rana, for the respondent.
P. Goyal and S. M. fain, for the appellants.
Arjun Singh then shouted to his companypanions to kill Ram Dularey Singh.
Arjun Singh, Sheoram Singh and Jumman thereafter applied to this Court under article 136 of the Constitution for special leave to appeal against the judgment of the High Court.
957 of 1965.
Har Narain Singh too asked the accused to abstain from abusing Ram Dularey Singh, Arjun Singh then asked Har Narain Singh to turn out Ram Dularey Singh from his house.
A. No.
He was also found to be guilty of the offences under section 307 read with section 149 and section 148 Indian Penal Code.
At the trial the accused denied the prosecution allegation.
When Har Narain Singh declined, Arjun Singh shouted that it would be bad for him also.
Sheoram Singh and Jumman were granted leave limited to the section under which they can be companyvicited including the applicability of section 34 and 149 Indian PenalCode.
This Court declined to grant leave to Arjun Singh and dismissed the application in go far air it related to him.
On appeal by the State of Uttar Pradesh, the Allahabad High Court companyvicted Arjun Singh under section 302, section 307 read with section 149, and section 148 Indian Penal Code, and sentenced him to undergo imprisonment for life on the first companynt, rigorous imprisonment for a period of five years on the second companynt and rigorous imprisonment for a period of two years on the third companynt.
Sheoram Singhs train left the railway station at 4.10 p.m. and Arjun Singji returned to his house at about sunset.
As such.
The High Court, however, found the evidence regarding the exhortation by the other accused to Arjun Singh to kill Har Narain Singh and Ram Dularey Singh to be number very companyvincing It was held by the High Court that the death of Hat Narain Singh took place as a result of firing by Arjun Singh.
According further to Arjun Singh, he was asked by the police to companye to the police station along with us guns and cartridges.
