JOGENDRA SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been preferred on behalf of the appellants Jogendra Singh and Jagdish Singh against the order dated 10.12.2019 passed by Sessions Judge Sant Kabir Nagar in Session Trial No. 39 of 2016 (State Vs. Jogendra Singh and others), arising out of Case Crime No. 941 of 2013, P.S. Mehandawal, District- Sant Kabir Nagar whereby both the appellants have been convicted under Section 307/34 I.P.C. and sentenced to undergo rigorous imprisonment for 7 years and fine of Rs. 7,000/- each and in default of payment of fine additional rigorous imprisonment of 3 months.

(2.) Brief fact of the case as unfolded by the prosecution are that on 11.11.2013 at 8.20 A.M. the first informant Dhrup Chand s/o Surya Nath gave a written report at Police Station Mehandawal, Sant Kabir Nagar stating therein that his father Surya Nath (victim of the case) has executed a sale deed of his land in favour of Jogendra Singh, Jagdish Singh sons of Jhinku Singh and Deep Singh, Piyush Singh sons of Jogendra Singh all residents of Gaganai Rao, P.S. Mehandawal, District Sant Kabir Nagar. Rs. 2 lakh of the sale consideration was balanced upon the aforesaid purchaser of the land. His father repeatedly demanded the balance amount, due to this reason in the intervening night of 10/11.11 of 2013 aforesaid accused persons tide both the hands and neck of the Surya Nath with a rope and took his signature on stamp papers and plain papers. On this written report of the informant F.I.R. was lodged on 11.11.2013 at 8.20 A.M. as Case Crime No. 941 of 2013 in Police Station- Mehandawal against the accused persons namely Jogendra Singh, Deep Singh, Piyush Singh and Jagdish Singh under Section 307 and 34 I.P.C.

(3.) The registration of aforesaid F.I.R. as Case Crime No. 941 of 2013 was endorsed in G.D. of the Police Station as report no. 17 dated 11.11.2013 at 8.20 A.M. The investigation was entrusted to H.C.P. Ishwar Das. During the investigation name of the informant also surfaced as an accused of this offence and Section 147 I.P.C. was also added.