LAWS(SC)-2009-7-155

RAMVIR Vs. STATE OF U P

Decided On July 06, 2009
RAMVIR Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) The appellants herein are the real brothers who have been convicted and sentenced under Section 302 of the Indian Penal Code (in short "the IPC") and sentenced to undergo life imprisonment. The Trial Court found the appellant No. 1 herein, Ramvir guilty of the offence punishable under Section 302 of the IPC whereas the appellant Nos. 2 and 3, namely, Ranpal Singh and Chatar Singh respectively were found guilty of the offence punishable under Section 302 IPC read with Section 34 IPC and each of them was sentenced to undergo life imprisonment.

(2.) The First Information Report (in short "the FIR") reveals that on 17.04.1978 at about 6.15 p.m. when the deceased Yashpal while going to his Gher was surrounded by the appellants namely Ramvir, Ranpal Singh and Chatar Singh near the field of Nek Ram. After surrounding the deceased, Chatar Singh and Ranpal Singh embraced the deceased while Ramvir gave a knife blow on the chest of the deceased. The deceased cried out upon which the complainant and the witnesses reached the place of occurrence. On seeing the complainant and the witnesses, the appellants fled away from the place of occurrence. Deceased Yashpal instantaneously died on account of the injury received.

(3.) The prosecution proved the motive of the accused-appellant against the deceased Yashpal stating it to be a case of election rivalry inasmuch as election of the Society had taken place in the village in which three candidates contested the election against the complainant. The deceased Yashpal took active part in the election and during the campaign an altercation had taken place between the deceased-Yashpal and the appellant No. 1 Ramvir upon which Ramvir threatened to kill the deceased and since then the appellants were having enmity with the deceased-Yashpal.