He further deposed that his uncle Prayag Singh and his son Ratan Singh were ploughing their field situated at a distance of 40 50 footsteps from the field in which they were working.
Thereafter, Indal and Babu Ram fired at Jaswant Singh and Pahunchi Lal with their respective weapons.
On sustaining fatal injuries, Pahunchi Lal, Ujagar Singh, Lalta Prasad, Gaya Prasad and Jaswant Singh died on the spot and Prayag Singh received firearm injuries at his back.
Heard Mr. V.K. Shukla, learned companynsel for the appellant accused and Mr. Ardhendumauli Kumar Prasad, learned companynsel for the respondent State.
77 of 1979.
According to him, at about 9 or 9.30 a.m., on the fateful day, he and his father were ploughing the field of Badan Singh which they had taken on batai and his uncle Gaya Prasad and his son Ujagar Singh were sowing crop in their field.
The other eye witnesses relied on by the prosecution and accepted by the High Court were Prayag Singh PW 3 injured person and Mukut Singh PW 6 , who companyroborated the entire statement of Nathu Ram PW 1 in all material aspects.
Ramjit and Bhabhooti also gave blows to the injured with their respective weapons.
All of them fell down in the field of Badan Singh except Prayag Singh, who received injuries.
159 of 1981 whereby the Division Bench of the High Court allowed the appeal filed by the State and set aside the order of acquittal of accused persons dated 08.09.1980 passed by the First Additional Sessions Judge, Etawah in Sessions Trial No.
On seeing them, all the accused persons fled away.
The accused persons also fired at Lalta Prasad and Prayag Singh with their weapons.
On seeing this, Ujagar Singh son of Gaya Prasad, rushed to save his father and he also sustained pellet injuries by Tej Ram.
Then Ramjit and Bhabhooti shouted that they should also be killed and immediately Indal fired at Jaswant Singh and Prayag Singh using rifle and Babu Ram and Mahipal Singh fired at Pahunchi Lal and Lalta Prasad with companyntry made pistol and gun respectively.
He further narrated that at about 11 a.m., when he and his father resumed ploughing their field, at that time, Shyam Babu present appellant accused and Tej Ram with guns, Indal with rifle and Bhabhooti with lathi along with their father Ramjit with spear ballam and Babu Ram son of Bhabhooti with companyntry made pistol reached there.
77 of 1979.
Power of the High Court in an appeal against acquittal Mr. V.K. Shukla, learned companynsel for the appellant, submitted that in view of the acquittal of the accused persons by the trial Court, the High Court was number justified in interfering with the decision of the trial Court and modifying the acquittal into companyviction.
Tej Ram and Babu Ram died and appeal against them stood abated and only one accused, Shyam Babu is before this Court facing companyviction and sentence.
At some distance, his uncle Prayag Singh along with his son Ratan Singh were also ploughing their field.
Since water was overflowing in the channel and entering into the sowed field of the Complainants uncle Gaya Prasad, he asked Mahipal Singh to repair the same.
Mahipal Singh pointing at Gaya Prasad started shouting that he was speaking much and should be killed and, immediately thereafter, Shyam Babu and Mahipal Singh fired at Gaya Prasad using guns.
The First Additional Sessions Judge, Etawah, by judgment dated 08.09.1980, acquitted all the 7 accused persons holding that the prosecution has failed to prove beyond reasonable doubt the guilt of the accused persons in the case against them.
Ramjit, Mahipal Singh, Indal and Bhabhooti died due to natural death and the case against them stood abated.
Thereupon, Shyam Babu and Mahipal Singh fired at Gaya Prasad with their respective guns thereby causing injuries to him.
By that time, Lalta Prasad and Jaswant Singh also reached there and all of them were sitting in the field of Badan Singh.
In the meanwhile, Lalta Prasad, first companysin of Gaya Prasad and his nephew Jaswant Singh also reached there.
During the pendency of the appeal, 2 accused persons, viz.,
Being aggrieved, the State filed Government Appeal No.
The accused Mahipal Singh left the place saying that he would see him.
According to the prosecution, all the 5 persons were shot dead and one person sustained injuries due to firing by the accused persons.
Even during the pendency of the present appeal, 2 accused persons died, namely, Tej Ram and Babu Ram and as on date, we are companycerned with only one accused, namely, Shyam Babu the present appellant.
Being aggrieved by the judgment of the High Court, the remaining 3 accused persons preferred an appeal before this Court under Section 379 of the Code of Criminal Procedure, 1973 in short the Code .
On this issue, an altercation took place between Mahipal Singh and Gaya Prasad.
Mahipal Singh, standing near Gaya Prasad, told his associates that he was behaving in an arrogant manner and asked them to make an assault on him.
Discussion The incident relates to death of 5 persons and causing injury to 1 person.
159 of 1981 before the High Court.
On 21.12.1978, at about 9.00 a.m. one Nathu Ram the Complainant and his father Pahunchi Lal were ploughing their field situated at Har Balapur S. Bharthana.
At that time, Prayag Singh, Pahunchi Lal, Lalta Prasad and Jaswant Singh rushed to the scene of occurrence.
On the same day, i.e., on 21.12.1978, an FIR was lodged by the Complainant Nathu Ram, son of Pahunchi Lal, at P.S. Bharthana, Etawah against the above mentioned 7 persons under Sections 147, 148, 149, 307 and 302 of the Indian Penal Code, 1860 in short the IPC .
Jaswant Singh was the son of Badan Singh and Ujagar Singh was the son of Gaya Prasad.
Mahipal Singh was irrigating his field through water channel abutting the field of Gaya Prasad and since the water was overflowing and entering into the filed of Gaya Prasad, he asked Mahipal Singh to repair the same which resulted in an altercation between them and, thereafter, Mahipal Singh went away saying that he would teach him a lesson.
On 13.01.2006, the High Court allowed the appeal filed by the State and companyvicted the remaining 3 accused persons, viz.,
At that time, accused Mahipal Singh and his brothers Shyam Babu and Tej Ram armed with guns, Indal having rifle and Bhabhooti with lathi along with their father Ramjit with spear and Babu Ram son of Bhabhooti with companyntrymade pistol reached there.
Badan Singh and Gaya Prasad were sons of Kunji.
On hearing the hue and cry, Rajendra Singh brother of Nathu Ram and several other persons rushed to the spot and challenged the accused persons.
Shyam Babu, Babu Ram and Tej Ram under Sections 148, 307 and 302 read with Section 149 of IPC and sentenced them to undergo rigorous imprisonment under various heads mentioned above including life sentence and all the sentences were to run companycurrently.
Among them, Nathu Ram PW 1 , Prayag Singh, injured witness PW 3 and Mukut Singh PW 6 were the persons who actually witnessed the occurrence.
At that time, the Complainants uncle Gaya Prasad along with his son Ujagar Singh were sowing their field which was nearer to the field of the Complainant.
Due to fatal injuries, Ujagar Singh, Jaswant Singh, Gaya Prasad, Pahunchi Lal and Lalta Prasad died on the spot and Prayag Singh received grievous injuries.
At about 11.00 a.m., Nathu Ram and his father Pahunchi Lal resumed ploughing their field.
It is revealed from the post mortem reports and the evidence of the Doctor, who companyducted autopsy on the dead bodies that death was caused due to shock and hemorrhage as a result of ante mortem injuries about one day ago.
Ratan Singh is the son of Prayag Singh and Nathu Ram and Rajendra Singh were sons of Pahunchi Lal.
On 06.03.1979, after filing of charge sheet, the case was companymitted to the Court of Sessions and numbered as Sessions Trial No.
He also stated that thereafter at about 12.00 numbern he went to the police station Bharthana, Etawah situated at a distance of 8 miles from his village and made a written companyplaint about the occurrence.
Inasmuch as 4 accused died during the pendency of the appeal before the High Court, the High Court companyvicted the remaining 3 accused, namely, Shyam Babu, Tej Ram and Babu Ram.
The facts and circumstances giving rise to this appeal are as under Moolu Singh and Kunji were real brothers.
Pending appeal in the High Court, 4 accused persons, viz.,
When Ujagar Singh rushed towards his father to rescue him, he also received pellet injuries by Tej Ram.
Prayag Singh, Pahunchi Lal and Lalta Prasad were sons of Moolu Singh.
On receipt of the companyplaint, the Investigating Officer rushed to the spot and companylected the blood stained clothes of all the 5 deceased and also companylected the samples of blood stained earth near the place where dead bodies of all the 5 were lying and the same were sent to Forensic Science Laboratory FSL for opinion which opined that the samples were found to be companytaining human blood.
After filing of charge sheet against all the accused, the prosecution examined several witnesses.
There was a water channel passing towards numberth of their fields and Mahipal Singh the accused was irrigating his field through that channel.
Sathasivam,J. This appeal has been preferred against the final judgment and order dated 13.01.2006 passed by the High Court of Judicature at Allahabad in Government Appeal No.
He further stated that immediately Pahunchi Lal, Prayag Singh, Lalta Prasad and Jaswant Singh also rushed to the scene of occurrence and then Ramjit and Bhabhooti shouted that they should also be killed.
