BABU Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal by one of the convicted persons, namely, Babu, who was accused No. 4 in an incident which occurred in the night of 21 st and 22nd April, 1984, in which two persons, namely Manoj and Ramu were killed and Devender was seriously injured. As many as five accused persons were tried for the offences falling under Sections 147, 148, 302/149 and 323/149 of the Indian Penal Code. In the concerned incident, two persons lost their lives. They were Manoj and Ramu. One of the persons was seriously injured, he was Devender.

(2.) The prosecution case was that in between the night of 21st and 2nd April, 1989 all these accused persons in furtherance of their common object attacked the complainant party, who were working by the side of a tubewell in their field. The attack was made by the accused persons who were armed with various weapons, like spear, Lathi, knife and Balkati (probably a sharp-edged weapon). In the said attack, as has been stated earlier, Manoj and Ramu lost their lives on the spot, whereas Devender (PW-3) survived the attack although he was severely attacked.

(3.) In the First Information Report, which was lodged at the instance of PW-1 Yashpal, as many as six persons were involved. However, the 6th person Hukam Singh was not proceeded against, probably finding that he was not involved in the incident. The trial Court convicted four persons. Presently, we are concerned with the 4th accused-appellant herein.