PEMI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The above appeal has been preferred against the judgment and order dated 28-11-1980 passed by Sri S.S. Agrawal, the then learned Sessions Judge, Budaum, in S.T. No. 30 of 1980 convicting appellants Pemi and Janki under S. 148, 302 read with 149 I.P.C. and 326 read with 149 I.P.C. convicting appellants Hari Singh, Ram Chandra, Dalley and Jhamman under S. 147, 302 read with 149 I.P.C. and 326 read with 149 I.P.C. and convicting appellant Ramjeet under S. 148, 302 read with 149 I.P.C. and 326 I.P.C. and sentencing appellant Pemi and Janki to undergo R.I. for a period of two years under S. 148 I.P.C., imprisonment for life under Ss. 302 read with S. 149 I.P.C. and R.I. for a period of three years under S. 326 read with 149, appellant Ramjeet to undergo two years R.I. under S. 148 I.P.C., imprisonment for life under S. 302 read with S. 149 I.P.C. and three years R.I. under S. 326 I.P.C. Appellants Hari Singh, Ram Chandra. Dalley and Jhamman were sentenced to one year R.I. under S. 147 I.P.C. imprisonment for life Ss. 302 read with 149 I.P.C. and three years R.I. under Ss. 326 read with 149 I.P.C.

(2.) The prosecution story, brietly stated, was as under :-Appellants Pemi, Dalley, Ramjeet and Hari Singh were residents of village Kali Ki Madaiya, P.S. Gunnaur. District Budaun Appeallant Ramjeet was cousin brother of appellant Pemi and appellant Hari Singh was son of appellant Ramjeet. Appellant Ram Chandra was resident of another village, but he had settled in village Kali ki Madaiya, as he was cousin brother-in-law of appellant Pemi. Appellant Janki and Dalley were sons of appellant Ram Chandra and appellant Jhamman was servant of appellant Pemi.

(3.) Babu Singh real brother of appellant Pemi was murdered prior to the occurrence of this case and Nem Chand deceased and others were accused in said murder case. Two months before the occurrence of this case. Nem Chand deceased and other accused of said murder case were acquitted by the Court of Sessions. On account of it, the appellants were having grudge against Nem Chand deceased.