INDRAPAL SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) These appeals have been preferred by the three appellants-accused being aggrieved by the impugned judgment and order dated 31.07.2018 passed by the High Court of Judicature at Allahabad in Criminal Appeal Nos.2095 of 1998 and Criminal Appeal No.2177 of 1998. The High court dismissed the aforesaid appeals, and confirmed the judgment and order dated 28.09.1998 in Sessions Trial No. 10/96 passed by the Second Additional Sessions Judge, Jalaun at Orai, by which, the accused-appellants were convicted for the offence under section 302 of the Indian Penal Code, 1860 (for short, the 'IPC ') against Atar Singh, Shivpal Singh and Keshbhan Singh and have been sentenced to undergo life imprisonment. They have also been convicted under Section 302 read with Section 34 of IPC.

(2.) The case of the Prosecution is that Exb. Ka-1 is the written report made by the complainant Yashwant Singh to the Police Station Jalaun. According to the complainant on 22.10.1995, at about 11:00 a.m., complainant 's brothers, viz., Atar Singh and his two nephews Keshbhan Singh and Shivpal Singh were carrying water from the drain (Gul) below the Babool tree to their field known as "7 Bhigas of land " through a pump set and tractor for irrigation of the aforesaid land. The incident took place near the drain (Gul) under the Babool tree adjacent to complainant 's field when Raj Bahadur Singh, Inder Pal and Surender Pal Singh and Ram Pal Singh alias Raja Beta came to the complainant 's field from the village. Inder Pal Singh was armed with his licensed rifle and Ram Pal alias Raja Beta and Surender Pal Singh were armed with their half gun (Addhi guns) of 315 bore. As soon as they came there, Raj Bahadur Singh exhorted his sons, "there is a good opportunity today, kill them ".

(3.) According to the complainant, at the time of the incident, he and his nephews Narendar Pal Singh and Shiv Sagar Singh and a servant Jawahar Lal S/o Chhadami and Babu Singh S/o Mukut Singh were standing near the pump set and tractor and they all witnessed the incident. The Complainant and all the witnesses were standing in fear as the gun shots were fired to threaten them. After killing the aforesaid three individuals, all the accused went away towards the village saying, "they had settled the score of their personal and electoral enmity ". According to the complainant, the dead bodies of the three deceased viz., Atar Singh, Keshbhan Singh and Shivpal Singh, were lying on the spot. Therefore, the complainant requested that the report be lodged and appropriate action be taken on receipt of the Complainant 's First Information Report (FIR).