GAJEY SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 4-12-1980 passed by the then Ist Additional Sessions Judge, Meerut, in Sessions Trial No. 276 of 1979, convicting the appellants under Section 302 read with Section 34, Indian Penal Code and sentencing each of them to life imprisonment.

(2.) Briefly stated, the facts of the prosecution case are that in the morning of 27-1-1979 at about 8 A.M. Lakhi Ram, deceased of this case and his brother P.W. 1 Jai Singh were sitting at the Gher of Sahid Akhtar, P.W. 3. Accused Gajey Singh and his father Mehar Singh came there. Some quarrel took place between Lakhi Ram and Mehar Singh, father of the accused persons. On the intervention of Sahid Akhtar and Virendra, the matter was got settled and the parties went back.

(3.) It is alleged that at about 9.30 A.M. on the same day, Lakhi Ram followed by Jai Singh and his father Godha Singh were going towards their field for the 'chhol' (harvesting of sugarcane crop) and when they reached in front of the house of Mehar Singh, the appellant Gajey Singh came there and caught hold of Lakhi Ram. Jai Singh and Godha Singh reached there and separated Lakhi Ram and Gajey Singh. In the meantime, appellant Raj Pal Singh came there with the licensed gun of his father and on the asking of Gajey Singh, he fired upon Lakhi Ram as a result of which he sustained injury on his neck and died on the spot.