BALBIR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) G. P. Mathur, J. Balbir Singh, Mahipal Singh and Jai Pal Singh have preferred this appeal against the judgment and order dated 30-11-1981 of Additional Sessions Judge, Hamirpur in S. T No. 6 of 1981 by which appellant Balbir Singh was convicted under Section 302 I. P. C. and the appellants Mahipal Singh and Jai Pal Singh were convicted under Section 302 read with Section 34, I. P. C. and they were all sentenced to imprisonment for life. The appellants were further convicted under Section 323 read with Section34 I. P. C. and were sentenced to one year R. I.

(2.) THE appellant No. 1 Balbir Singh according to the report of C. J. M. Hamir pur has died. His appeal was accordingly abated by the order dated 26-3-2001. Now we are only concerned with the remaining two appellants.

(3.) THE learned C. J. M. Hamirpur took cognizance of the offence and committed the case to the Court of Sessions. THE learned Additional Sessions Judge by his order dated 24-2-1981 framed charge under Section 302 I. P. C. against Balbir Singh accused and under Sections 302/34 I. P. C. against Mahipal Singh and Jai Pal Singh accused. All the accused were fur ther charged under Section 323/34 I. P. C. THE charges were explained to the accused who pleaded not guilty and claimed to be tried. THE prosecution in support of its case examined 9 witnesses including 4 eye witnesses. THE accused' in their statement under Section 323 Cr. PC. denied the prosecution case and alleged their false implication on account of enmity. THEy however, did not lead any evidence in their defence. THE learned Sessions Judge believed the case of the prosecution and convicted and sentenced the appellants as stated earlier.