INDRA PAL SINGH Vs. STATE

JUDGEMENT

(1.) P. P. Gupta, J. Indrapal Singh, Surendra Singh and Prithvi Raj Singh have preferred this appeal against the judgment and order dated 28-11-1978 passed by the II Additional Sessions Judge, Shahjahanpur convicting and sentencing each of them under Section 302 read with Section 34,i. P. C. to imprisonment for life.

(2.) THE charge against appellants was that in furtherance of their common intention the appellants committed the murder of Hira Singh on 27-4-1977 at 5-00 p. m. in village Dhukri, P. S. Banda, district Sahahjahanpur.

(3.) ON 27-4-1977 at about 5-00 P. M. , P. W. 1 Virpal Singh, accompanied by his father, Hira Singh, went to see the wheat crop sown in the filed of Phool Singh and found the appellants standing in that field and P. W. 2 Lal Singh, Tej Singh and Kutumb Singh were harvesting the wheat crop. The accused-appellants, Prithvi Raj Singh and Indrapal Singh were armed with spears while accused-appellant Surendra Singh was armed with a Lathi. Hira Singh asked the persons harvesting the crop as to why they were doing so when the dispute regarding the land was still pending. ON hearing Hira Singh, P. W. 2, Lal Singh and his two companion stood up. The appellant, Surendra Singh, gave a Lathi blow to Hira Singh saying that he would not leave him in a position to take benefit from the inheritance. All the three appellants then started assaulting Hira Singh with their weapons. ON an alarm being raised by P. W. 1, Virpal Singh, one Chhutkannu Singh reached there. Appel lant, Surendra Singh, then took out a Tamacha from his Anti and pointing it towards Virpal Singh and Chhutkannu Singh threatened that they would be murdered in case they move forward. Thereafter the appellant, Surendra Singh, discharged his Tamancha towards Hira Singh and then all the appellants ran away.