JAGDISH AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) THREE Appellants namely Jagdish, Aman Singh and Devi Dutt are aggrieved by the judgment and order dated 17.12.1980 passed by 4th Additional and Sessions Judge, Muzaffarnagar in S.T. No. 233 of 1980 (State v. Jagdish and Ors., by which, trial Judge found the case of prosecution proved to hilt against the Appellants only for the charge under Section 201 I.P.C. and convicted them for the said charge for three years RI vide impugned judgment and order dated 17.12.1980. Appeal filed by the Appellants was admitted by this Court on 7.1.1981.

(2.) PENDENT elite this appeal, one of the Appellant Amar Singh expired and his appeal stands abated vide order dated 5.7.2007 by this Court, which order is on the order sheet. Hence now, this Court is left with appeals filed by rest of the three Appellants being Appellant No. 1 Jagdish, Appellant No. 2 Aman Singh and Appellant No. 4 Devi Dutt.

(3.) ACCORDING to the prosecution case, Appellants were the resident of village Pelbha, P.S. Jhinjhana, District Muzaffarnagar. Three of the Appellants Jagdish, Aman Singh and Amar Singh, real sibling brothers and Devi Dutt their friend, on the intervening night between 29/30th March, 1979 at about mid night were alleged to have murdered Harbiri. FIR of the incident was got registered, matter was investigated and ultimately accused persons were charge sheeted. FIR of the incident is Ex. Ka -1, chik FIR Ex. Ka -2, which was prepared by head constable Raj Bahadur Singh on 6.4.1979 at 12.05 A.M. Investigation into the crime was conducted by S.I. Talewer Singh P.W. -5, who after preparing site plan Ex. Ka -4 and after conducting investigatory formalities, charge sheeted the accused by Ex. Ka -5 on 4.5.1979. Finding the case of the accused triable by court of sessions, it was committed to the Sessions Court and 4th Additional Sessions Judge, Muzaffarnagar tried them in S.T. No. 233 of 1980 (State v. Jagdish and Ors..