GURU CHARAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The above two appeals have been preferred against the judgment and order dated 28-7-1999 passed by Sri J.P. Agarwal, special Judge, (D.A.A.), Etah in Sessions Trial No. 117 of 1997 convicting the appellants Guru Charan, Sunil and Pramod under Sec. 302 read with Sec. 34 I.P.C. and sentencing them to extreme penalty of death and convicting the appellant Brahma Pal under Sec. 307 I.P.C. and sentencing him to imprisonment for life. The learned Sessions Judge has also made reference No.8 of 1999 for confirmation of death sentence awarded by him to appellants Guru Charan, Sunil and Pramod.

(2.) Both the appeals arise out of same judgment and order. Common question of facts and law are involved in both the appeals and therefore, those are being disposed of by a common judgment.

(3.) The prosecution story, briefly stated, was that appellants Sunil, Pramod and Brahma Pal are real brothers and are residents of village Yakootganj, P.S. Sahawar, District Etah. Appellant Guru Charan, Ramesh Narain deceased and his nephew Vijay Kumar (P.W.1) were also residents of same village. Some two years before the occurrence of this case Vinod, brother of appellant Sunil, was murdered, regarding which a report was lodged against Ramesh Narain deceased, Vijai Kumar (P.W.1) and one Vishwanath. Guru Charan appellant was witness of prosecution in the said case. The said case ended in acquittal. On account of it appellants were having enmity with Ramesh deceased and Vijai Kumar (P.W.1).