Hence, this appeal, by special leave, is filed before this Court by the son of the deceased challenging the judgment and order of acquittal passed by the High Court.
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 .
Thereafter, charges were framed against all the accused persons vide order dated 16.12.1982, they were tried for the respective offences and after hearing the companynsel for the prosecution and also the companynsel for the accused, the learned Sessions Judge vide his order dated 26.07.1983, companyvicted six accused persons respondents Nos.1 to 6 herein for companymitting the offence under Section 302 read with Section 149 IPC and sentenced each of them to undergo rigorous imprisonment for life.
Being aggrieved by the judgment of companyviction passed by the learned Sessions Judge, Mathura, the accused respondents preferred an appeal under Section 374 Cr.
Dr. K.C. Jain PW 4 companyduced the post mortem examination of deceased Mohan Singh which disclosed that there were three ante mortem injuries present on the companypse of Mohan Singh head was severed from the body and there was fracture on 6th and 7th vertebra.
All the articles recovered were sent for chemical examination.
In the meantime, other accused persons also reached there.
Jaipal Singh and Om Prakash were engaged in plucking the Moong Pods from the field.
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 companylected blood stained soil and clothes of the deceased.
Rajpal hit the deceased with a Ballam.
On hearing the cries of deceased Mohan Singh and Lajjawati PW 5 , the aforesaid witnesses rushed to the place of incident.
He was carrying his single barrel gun and the strip of cartridges with him.
They were also companyvicted severally under Sections 147, 148 379 of IPC.
The respondents Phal Singh and Mahabir Singh, along with other accused Om Prakash and Gopi Chand, were clearing the irrigation channel of their field whereas respondents Raj Pal and Satya Pal were scrapping grass in their respective fields.
Then the accused persons tried to take away the body of deceased Mohan Singh by dragging it for some distance.
Thereafter, Kalyan Singh PW 1 went to Police Station Sadabad with a written companyplaint 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.
The doctor opined that the death was caused due to shock and hemorrhage due to above stated injuries.
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.
But due to the hue and cry raised by the eye witnesses, the accused fled away from the place of incident.
In order to dissuade Kalyan Singh and Bani Singh, the accused respondents Phal Singh and Harcharan fired in the air.
In the meantime, accused Harcharan also arrived at the place of incident carrying his gun.
Respondent No.4 herein having died on 10.12.2012, as supported by the Death Certificate filed in this Court, this appeal abates as against respondent No.4.
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.
The Allahabad High Court by its judgment dated 17.02.2012 passed in Criminal Appeal No.1734 of 1983, allowed the appeal filed by the accused respondents and acquitted them of the charges under Section 302 read with Section 149 of IPC.
Then the accused Jaipal and Om Prakash caught hands of the deceased and accused Rajpal and Satyapal caught the legs of the deceased.
Accused Mahabir Singh and Phal Singh severed the head of the deceased Mohan Singh by hitting him with Phawara Spade .
In the evening, accused Harcharan was arrested and on the information given by him, a blood stained Phawara Spade was recovered.
Pinaki Chandra Ghose, J. This appeal is directed against the judgment and order dated 17th 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.
After the investigation was companyplete, seven persons, namely, Mahabir Singh, Phal Singh, Jaipal Singh, Om Prakash, Raj Pal, Satya Pal and Har Charan were challaned by the police and charge sheet was submitted in Court.
As the case was exclusively triable by the Court of Sessions, it was companymitted to the Court of learned Sessions Judge, Mathura.
