SHAMSHER SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THIS appeal was preferred by appellants Shamsher Singh, alias Nanahakji, Ram Chandra Singh, Nanhaku Mali, Devendra Singh and Nagesar Singh alias Lanu against their conviction under Sections 302/ 149, 201 and 148 I.P.C. All of them were sentenced to undergo R.I. for life under the first count and R.I. for 5 years and 2 years respectively under subsequent counts. All the sentences were to run concurrently. They were convicted and sentenced under the above charges by III Addl. Sessions Judge, Ballia on 30 -9 -1980 in Session Trial No. 174 of 1979.

(2.) THE allegations contained in the First Information Report are that Smt. Kamlawati is daughter of Smt. Deorati Kunwar and was living in Sheopur Diar with her to look after her as she had no male issue. Other sister was also married and was living with her husband at other place. The deceased was a widow being wife of late Harihar Singh. The appellants Shamsher Singh and Devendra Singh were neighbours of the deceased and the informant. They manipulated some sikmi entries of land of the deceased in their names and also in the names of their family members causing fracture in their relations. On, the date of occurrence, i.e. 28 -10 -1979, Deorati Kunwari alongwith her sister -in -law (Bhabhi) Kushalya Kunwari, wife of Triyugi Narain were present in the Dera of Raghav Saran Singh. They were intending to stay there during night. At about 9.00 P.M. after taking their meals they were lying on their cots. A lantern was burning in the southern palani. Ram Lakhan Yadav and

(3.) WE have heard Sri Gajendra Pratap, learned Counsel for the appellants and also learned A. G.A. for the State.