SHER SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Anoop Trivedi learned Senior Advocate assisted by Sri Abhishek Shukla, learned Advocate for the appellants and Sri Jai Narayan learned A.G.A.-I, for the State-respondent.

(2.) This appeal is directed against the judgment and order dated 22.12.1995 passed by the Additional Sessions Judge, Muzaffarnagar in Sessions Trial No. 51 of 1993 (State vs. Sher Singh and others) for offence under Section 302 readwith Section 34 IPC, registered at the Police Station Kandhala, District Muzaffarnagar. Four appellants herein have been convicted and sentenced for life for the offences under Section 302 readwith Section 34 IPC, out of whom one appellant no. 3 (Sadhu) had died during pendency of the present appeal.

(3.) A written report dated 12.8.1992 was filed by Jaiveer Singh son of Neturam, resident of village Garhi Ram Kaur, Police Station Kandhala, District Muzaffarnagar at about 9:45 AM, stating therein that, at about 8:00 AM, while his brother Ramesh was going to the field from his house carrying 'Bogie' 'Jhhota' and food, as soon as he reached at the 'Chak Road' in front of the field of Jai Singh son of Multan, four accused persons named in the FIR had murdered him by firearms. The name of the accused persons indicated in the first information report are Sher Singh son of Ram Singh, Sahendra son of Ram Singh, Sadhu son of Swarup and Gulab son of Malkhan. It is averred therein that the incident was witnessed by Atar Singh son of Chhota, Sahi Ram son of Chhajju and Others. The motive to commit the crime as indicated therein was the litigation going on between the parties and the resultant animosity. The written report was scribed by Brijpal Singh son of Prakash Chand, resident of the same village.