RAJ KUMAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) All the four above named appellants have been sentenced to death under section 302 read with Section 149 I.P.C. for committing the murder of Surendra Singh son of Rajvir Singh aged about 26 years. Appellant Rakesh has further been sentenced to two years R.I. and fine of Rs.2000.00 for causing injuries to Smt. Krishna Devi, P.W.2, the mother of deceased Surendra Singh.

(2.) As per the prosecution case incident occurred on 13-6-1992 at about 8 p.m. near the house of Amilal in village Mithli within the area of police station Baghpat, which was then in District Meerut. Appellants Ram Kumar, Jai Prakash and Devesh Kumar were said to be armed with country made pistols while appellant Rakesh and co-accused Parvendra with PHARSA and SPEAR respectively. It is alleged that all the accused persons caused as many as 19 injuries to Surendra Singh from their respective weapons. Shrieks and cries of Surendra Singh attracted his mother Smt. Krishna Devi, P.W.2 and brother Udai Singh to the scene of occurrence from their 'Gher' which was placed at a distance of about 50 paces from the place of occurrence. Accused persons made an attempt on Udai Singh also but he ran to his house and saved his life by bolting the house from inside. Smt. Krishna Devi, P.W.2 showed courage and came forward to the rescue of her son whereupon she was assaulted with PHARSA and SPEAR. Accused persons then set Surendra Singh on fire with kerosene. In the meantime pressure of witnesses mounted whereupon accused ran away. They were identified by the witnesses in moon light as it was a night of full moon.

(3.) The motive behind this murder is said to be enmity. It is said that deceased and his family members had built a new house by the side of Raj Kumar appellant. About one week before the occurrence in question, plastering work was being done on the back and side walls of the complainant's house to which accused party objected and exclaimed that they would not allow the plastering. They also threatened to close the door which the complainant party had opened in their house. Deceased Surendra Singh was serving in armed forces and was posted in Assam. He had come to his village on leave a few days before the occurrence. Some first information reports had been lodged in the past by Surendra Singh against the accused party.