SHER SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The three appellants have been convicted by the High Court of Allahabad under S. 302/34 of the Indian Penal Code for the murder of one Harpal and sentenced to rigorous imprisonment for life, after reversing their acquittal by the Sessions Judge, Meerut. Originally five persons were tried for this offence. All of them were acquitted by the Sessions Court. On appeal, the acquittal of the other two (Shanker and Tarif ) was maintained but the three appellants (Sher Singh, Baljor and Vijaipal) were convicted. They now appeal by special leave granted by this Court.

(2.) The appellants are brothers and sons of Narayan Singh. Tarif and Shanker are brothers of Narayan Singh. The deceased Harpal was the brother of Nahar Singh (page No. W. 1) and Amichand (page No. W. 5). The house of Amichand and his brothers is in front of that of the appellants, in Mauza Amanullahpur, police Station Jani, District Meerut, where the offence was committed.

(3.) As frequently happens this murder was the result of a petty quarrel earlier over the taking of carts through fields. It is hardly necessary to recount in detail what had then happened. Suffice it to say that Sher Singh took his cart through Harpal's field and there was a wordy quarrel. Next Sher Singh stopped a cart in which Harpal was carrying sugarcane and Harpal kicked Sher Singh and beat him with fist blows. Nahar Singh (page No. W. 1) and Khazan (page No. W. 7) separated them, The murder followed close upon the heels of the second incident.