NARAIN SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal filed by four above named appellants against the judgment and order dated 30-5-1981 passed by the then 1st Addl. District and Sessions Judge, Saharanpur in Session Trial No. 413/79 convicting and sentencing all the appellants to imprisonment for life under S. 302 read with S. 34, IPC. The appellants have further been convicted and sentenced to three years R.I. each under S. 324 read with S. 34, IPC.

(2.) The prosecution case in brief is that on 30-3-1979 Kunwarpal deceased of this case was assaulted by appellants Gandhi, Kunwarpal and their brothers Narendra and Jaihind as well as Bhushan-brother of accused Ramesh. A report of this incident was lodged by Kunwarpal deceased and a cross report was lodged by accused Ramesh against deceased Kunwarpal, Vikram and others. It is further alleged that in August 1976 accused Gandhi, Kunwarpal and others had assaulted Charan of Sukharatal leading to their prosecution in which accused Kunwarpal and others were convicted to two months R.I.

(3.) It is further alleged that on 4-7-1979 at about 5.30 p.m. Shitab Singh, Kunwarpal deceased and Yashpal were going from Nakur to Aasrakheri and when they were in front of the liquor-vend of accused Ramesh to have betels at the stall of Bhoora across the road, all the four appellants who were present at the liquor shop came out, and dragged Kunwarpal deceased inside the liquor shop. When Yashpal tried to save Kunwarpal, appellant Gandhi gave him knife blows on his head whereupon Yashpal fell on the ground. Inside the liquor shop Gandhi and Kunwarpal accused assaulted deceased Kunwarpal with knife. While accused Narain Singh and Ramesh who were empty handed held Kunwarpal deceased in their grip. After inflicting two stab injuries on deceased Kunwarpal the accused persons made their escape good through other door of the shop. Deceased Kunwarpal died an instantaneous death. P.W. 2 Prithivi Singh, Satyapal and others also witnessed the occurrence. Shitab Singh got First Information Report scribed by Vikram Singh and lodged it in the same evening at 6.05 p.m.