ONKAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The Present appeal was initially filed by three appellants to bring in to question judgement of conviction rendered by learned Vth Additional Sessions Judge, Budaun on 24 March, 1982 in Sessions Trial No. 239 of 1981. However, appellant no.3 Chunni son of Hakim Singh died during the pendency of the present appeal and we have passed the order on abatement of his appeal today itself, as a result of which the appeal survives only on behalf of appellants Onkar Singh and Nathoo both sons of Girwar Singh who were found guilty of committing offence under section 302/34 I.P.C. and each of them was directed to suffer rigorous imprisonment for life.

(2.) The prosecution case is contained in the written report of PW-1 Smt. Bhoopa who was the wife of the deceased Umed Singh. It was stated that at about 7.00 a.m. on the 17th February, 1981 the deceased with his wife (PW-1) and daughter (PW-2) proceeded to their plot which was situated by the side of the field of Girwar. When they reached on the chak road by the side of the field of one Girwar, three accused persons, namely, Onkar Singh, Nathoo and Chunni emerged from the Arhar field armed with lathi. They caught hold of the deceased Umed Singh and took him forcibly by dragging into the Arhar field.

(3.) PW-1 stated that she and her daughter shouted as a result of which Daal Singh son of Sibbu Singh and Bhagwan Singh son of Chooraman Singh as also others reached at the place of occurrence and saw whole of incident when the deceased was assaulted by lathi by the accused persons and, subsequently, by putting lathi across his throat, they strangulated him to death. After fulfilling their mission, the accused persons ran away towards south.