JAI KARAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Five persons namely; Veer Bhadra, Jai Karan, Babu, Mahesh and Bhan Chand were tried by the IInd Addl. Sessions Judge, Sitapur in Sessions Trial No. 329 of 1979 for offences punishable under Ss. 148, 302, 302/149 and 307 149, I.P.C. vide judgment and order dated 22-8-1980 the learned trial Judge acquitted Mahesh and Bhan Chand on all the counts but convicted and sentenced Veer Bhadra, Jai Karan and Babu in the manner stated hereinafter :- Veer Bhadra :-

(2.) Aggrieved by their convictions and sentences Jai Karan, Veer Bhadra and Babu preferred Criminal Appeal No. 498/1980 in this Court and aggrieved by the acquittal of Mahesh and Bhan Chand, the State of U.P. preferred Criminal Appeal No. 40/1982. Since both these appeals arise out of a common factual matrix and impugned judgment, we are disposing them off by one judgment.

(3.) Shortly stated the prosecution case runs as under : The informant Ashok Kumar Singh (P.W. 1) is the son of deceased-Surya Prakash Singh. At the time of the incident the informant, deceased-Surya Prakash Singh and another deceased-Ram Lal, injured Ram Chandra Singh P.W. 2 and appellants-Jai Karan, Veer Bhadra and Babu were living in village Alaipur within the limits of police station Sidhauli district Sitapur. Appellants-Veer Bhadra and Jai Karan are real brothers and appellant-Babu is son of their maternal uncle. There was enmity between Veer Bhadra and Jai Karan on one side and deceased-Surya Prakash Singh on the other, 13 months before the incident Veer Bhadra, Jai Karan, their brother Pyarey Lal and a relative had attacked Surya Prakash Singh with pistol and bhala. Surya Prakash Singh who had suffered injuries lodged F.I.R. against them. A cross F.I.R. in respect of the same incident was lodged by Veer Bhadra against Surya Prakash and others. On the date of the incident i.e. 17-12-1978 at about 4.00 p.m. Surya Prakash Singh was sitting on a cot in his courtyard situated at distance of 15-16 paces from the door of his house. His servant Ram Lal was weeding potato crop in the field situated to north of the said courtyard. Informant Ashok Kumar Singh P.W. 1, Ram Chandra Singh P.W. 2, Vishwanath Shukla, and Narendra Singh P.W. 3 were sitting near the door of his house. At that time, appellants-Veer Bhadra, Jai Karan and Babu armed with guns along with two unknown persons, one of whom was armed with a kanta and one with a Banka came. Immediately, appellant-Veer Bhadra fired on Surya Prakash Singh as a consequence of which he fell down. When informant Ashok Kumar Singh, Ram Lal and others rushed to the rescue of Surya Prakash Singh, appellants-Jai Karan and Babu fired; the former on Surya Prakash Singh and the latter on Ram Lal. Jal Karan also assaulted Ram Chandra with the barrel of gun. The two unknown persons assaulted with kanta and banka Surya Prakash Singh. After murdering Surya Prakash Singh and Ram Lal and injuring Ram Chandra the appellants and the unknown persons ran away.