MUNNI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The present appeal has been filed against the judgment and order dated 22-5-1980 passed by the then Additional Session Judge, Fatehpur in Session Trial No. 244 of 1979 convicting appellant No. 1 under Section 302, I.P.C. and appellant No. 2 under Sections 302/34, I.P.C. and sentencing each of them to imprisonment for life.

(2.) At the outset it may be mentioned that as far as appeal of appellant No. 1 Munni is concerned, the same has abated on account of his death during the pendency of appeal.

(3.) The incident in question relates to 25-5-1978 and it is alleged that on that day at about 10 P. M. Majhil Singh P.W. 1, his deceased brother Kallu Singh and Km. Keta daughter of the deceased were irrigating their fields from the tubewell, which had light of an electric bulb. At that hour the appellant No. 1 Munni Pandit armed with a gun and Mithauri with a country-made pistol along with two unknown persons who were armed with lathi came near the field of Majhil Singh. On seeing Kallu Singh, accused Mithauri exhorted Munni Pandit whereupon the latter fired a shot from his gun which hit Kallu Singh causing injuries in the right side of his abdomen and right hand. Surat Singh P.W. 3 who was sleeping in the adjoining field also woke up due to the sound of fire and saw the accused persons while they were taking to their heels.