DARSHAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Smt. Kanti Devi (since deceased) was the real sister of the appellants (accused). Smt. Kanti Devi was said to have eloped with Naresh Pal, the real brother of Ramesh Chander Singh (Public witness 1. This fact was not relished by her brothers, the appellants. a complaint which was filed by the appellants against Naresh Pal ended in a final report submitted by the police as it was then discovered that. Kant' Devi was a major. Later on, Kanti Devi married Naresh Pal and started her matrimonial life at village Lathi. This fact was again not taken kindly by the appellants and since then they nurtured a serious grievance against the family of Naresh Pal. Ramesh Chander Singh (Public witness 1 supported the marriage of Kanti Devi with his brother. This led to an attack with fire arm on Ramesh Chander Singh (Public witness 1 causing him injuries and in a trial thereof, Darshan (A-1 and his father Har Prasad were convicted on 11/11/1971. The animosity did not rest there but sometime in 1973, the appellants and their father Har Prasad attempted to commit the murder of Mahesh, another brother of Ramesh Chander Singh (Public witness 1. They were tried but ultimately acquitted on 29/04/1976. During the pendency of the said trial. Mahesh was murdered on 14/09/1973 and a trial against the appellants and their father Har Prasad ended in acquittal vide order dated 2/06/1976.

(2.) Sometime in the year 1973, the appellants and their father alleged to have, cornered Ramesh Chander Singh (PW 1 at Budan but somehow or the other, he managed to escape There was again a criminal case relating to murder of one Amba wherein Naresh Pal was implicated. Harroo, the acquitted accused in the present crime was a prosecution Witness. Naresh Pal was convicted and at the time of present occurrence which took place on 30/06/1977, he was lodged in Fatehgarh jail.

(3.) It was alleged by the prosecution that Kanti Devi along with son Babloo @ Raj Kumar had gone to Fatehgarh jail to meet Naresh Pal. Kanti Davi thereafter left for Delhi leaving her son Babloo with Ramesh Chander Singh (Public witness 1 who brought him to his village Badaun. Babloo then fell ill and was admitted to the District Hospital, Badaun about 10 to 12 days prior to the date of present occurrence. After hearing the news of illness of her son, Kanti Devi came to Badaun and remained with her son in the hospital.