SUMER Vs. STATE OF U P

JUDGEMENT

(1.) Petitioner and seven others were charged for offence under Section 302 read with Section 149 of Indian Penal Code (for short, IPC) besides other lesser offences, detail whereof are not relevant for considering the present petition. The accused were convicted for the offences charged and sentence of rigorous imprisonment for life for offence under Section 302/149 IPC was imposed by Court of Sessions. The appeal of the accused was, however, allowed by the High Court and the judgment and order of Court of Sessions was set aside. This Court, by judgment dated 10th December, 2002, allowed the appeal of the State, reversed the judgment of the High Court and restored that of the Sessions Court.

(2.) The review petitions filed by six accused including the petitioner were dismissed by order dated October 16, 2003 except that the order makes a note of the fact of the death of one of the accused in the year 1995 and another in the year 1997. In this view, the record was directed to be corrected to show the appeal having abated against said two persons.

(3.) The main charge against the accused was of murder of Ram Lakhan father of PW1 and one Rajendra son of PW4. PW4 was an injured witness having sustained gun shot injuries. Besides PW1 and PW4, the Court of Sessions had also relied upon the testimony of PW2, another eye-witness produced by the prosecution and who was said to be a neighbour of the parties. The family of the accused and that of the deceased were neighbours living in the same village.