BADRI Vs. STATE OF U.P.

JUDGEMENT

(1.) The present Criminal Appeal has been filed by accused-appellants, namely, Badri, Babu Ram, Jawahar Singh, Natthu and Subedar against the common judgement and order dated 21.10.1983 passed by IV Additional Sessions Judge, Etah, in Sessions Trial No.515 of 1983 and Sessions Trial No. 507 of 1983, under Sections 147, 302/149 and 307/149 IPC, Police Station, Mirehchi, District Etah, convicting accused-appellants and sentencing them to undergo life imprisonment.

(2.) Factual matrix of case as emerging from First Information Report (hereinafter referred to as 'FIR') as well as material placed on record is as follows.

(3.) A written report, Ex.Ka-7, dated 15.05.1983 was presented in Police Station Mirehchi, District Etah by Informant PW-5, Tolwar Singh, alleging that on 14.05.1983 at about 7:00 p.m., he (informant), his brother-in-law Tota Ram and his uncle (Tau) Chhviram were sitting on respective cot on Chabutara (platform) in front of his house. His mother Smt. Ramdevi (deceased) was also sitting on the earth of Chabutara. A lantern was lighting on the peg. Accused persons, namely, Badri, Babu Ram, Jawahar Singh, Natthu and Subedar came from the side of one Khumano with intention to kill them (informant side), threw hand grenade due to which there was a huge explosion and he, (complainant himself), his uncle and his mother sustained serious injuries. His mother sustained much injuries in her head and died on spot. All the accused persons were recognized by informant, his brother-in-law Tota Ram and his Tau in the light of lantern. The F.I.R. further recites that his uncle Chhaviram was issue-less and lived with him. He wanted to give six Beegha land of his share to the informant Tolwar Singh, because of this accused Badri who happens to be his cousin was angry with Chhaviram.