RAM SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal is directed against the judgment and order dtd. 5/2/2018 passed by the High Court of Judicature at Allahabad in Criminal Appeal No. 1611 of 1983, confirming the conviction and sentence imposed on the appellant by the Additional Sessions Judge, Non-metropolitan Area, Kanpur in Sessions Trial No. 297 of 1982.

(2.) In the sessions trial, appellant Ram Singh was convicted under Sec. 301 read with Sec. 302 of the Indian Penal Code, 1860 (IPC). He was also convicted under Sec. 307 IPC. For the offence under Sec. 301/302 IPC, appellant was sentenced to undergo imprisonment for life and for the offence under Sec. 307 IPC, appellant was sentenced to undergo rigorous imprisonment for five years, both the sentences to run concurrently.

(3.) PW-1 Shri Radhey Lal lodged a first information before the Bhognipur Police Station in the District of Kanpur (U.P.) on 19/8/1982 at midnight stating that he and his brother Desh Raj were sitting in the open space in front of the entrance door of his house during the evening hours. His mother Dulli was sitting close by on a cot. On another cot, neighbours Lala Ram i.e. PW-3 and Man Singh i.e. PW-2 were sitting. They were chatting under a glowing lantern hanging on the roof-side of his residence.