MADHUBAN Vs. STATE OF U P

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal is filed against judgment and order passed by the High Court of Judicature at Allahabad on April 30, 2007 in Criminal Appeal No. 13 of 1982 by which it confirmed the order of conviction and sentence recorded on De cember 22, 1981 by the 1st Additional District and Sessions Judge, Faizabad in Ses sions Trial No. 156 of 1979.

(3.) It was the case of the prosecution that in the night of November 15, 1976, Jai Ram Singh (deceased 1) returned home from out of station. After taking meal, he went to sleep in the room with his wife and his son Akhilesh Singh @ Sanjay Singh (deceased 2). His younger brother Sri Nath Singh (informant) was sleeping in the adjoining room. At about 12.30 a.m., i.e. early morning of November 16, 1976, Sri Nath Singh heard cries of his nephew and Bhabhi, wife of Jai Ram Singh. On open ing the door between the two rooms, he saw that his brother Jai Ram Singh and nephew Akhilesh Singh were being attacked by four persons. When Sri Nath Singh tried to intervene, he was also assaulted and received injuries. Shout was raised for calling neighbours and the assailants fled away. Jai Ram Singh died on the spot. Sri Nath Singh informed the Police Station, Ayodhya and First Information Report was registered on the same day, i.e. November 16, 1976. Akhilesh Singh @ Sanjay Singh was critical. He was sent to District Hospital, Faizabad, but his condition deterio rated. He was, therefore, shifted to Medical College, Lucknow. He, however, died there on November 22, 1976. When the matter came up before the Chief Judicial Magistrate, Faizabad, he passed an order on May 19, 1979 of committal to the Court of Session. The learned Sessions Judge, Faizabad framed charges against the ac cused for offences punishable under Sections 302, 323 and 394 read with Section 34 of the Indian Penal Code (IPC). The statement of the accused under Section 313 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code, was recorded. The learned 1st Additional Sessions Judge held that the case of the pros ecution was proved against the appellant and accordingly he convicted the appellant for an offence punishable under Section 302, IPC and ordered him to undergo rigor ous imprisonment for life. He also convicted the appellant for an offence punishable under Section 394, IPC and ordered to undergo rigorous imprisonment for four years and for an offence punishable under Section 323, IPC, to undergo imprisonment for nine months.