MUNENDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has emanated against the judgment and order dated 31.3.1982 passed by 4th Additional Session's Judge, Muzaffarnagar in S.T. No.231 of 1981, State Vs. Munendra and others, by which, the two real sibling brothers Munendra (A-1) and Vijai Singh (A-2), both sons of Bhagirath and Rajpal (A-3) son of Shyam Singh, all resident of village Bhaiswal, police station Shamli, district Muzaffarnagar have been convicted and sentenced under section 302/34 I.P.C. for life imprisonment.

(2.) Prosecution has divulged its entire story through the depositions of the informant Ram Kishan, P.W.3, coupled with orally dictated F.I.R. Exhibit Ka-1. From the perusal of both the aforesaid evidences it is discernible that both informant and deceased on the one side and accused on the other had the same lineage. Narrated pedigrees indicate that one Ram Singh, r/o village Bhaiswal, P.S. Shamli, district Muzaffarnagar, had two sons Jagdish and Ram Kishan (informant). Jagdish had three sons Desh Pal (deceased), Jasvir and Ram Autar, whereas informant Ram Kishan had two issues Satbir (who had taken the injured/deceased along with others to hospital on his tractor) and Udaiveer. Collateral and co-villager Shibba and his wife Zikor also resided in the same village. They had only a daughter Atli (deceased in cross case). Bhagirath was the husband of Smt. Atli, whereas Munendra (A-1) and Vijai Singh (A-2) are their sons. Thus what is admitted is that both prosecution side and accused had common ancestors. Rajpal (A-3) is stated to be the associate of (A-1) & (A-2). Houses of Jagdish and accused were adjoining to each other having a common boundary wall.

(3.) Bhagirath and Munendra (A-1), father and son, had affixed a passage door on a pedestal in the premises of Jagdish and for it's removal Jagdish had filed a civil suit before the competent Munsif court, which was being looked after by Desh Pal (deceased). Five or seven days prior to present incident, which occurred on 25.12.1979 in the early hours of the morning, the aforesaid civil suit was decreed in favour of Jagdish wherein Munsif Court had ordered judgement debtors, Bhagirath and Munendra (A-1) to remove their passage door within a month, failing which, plaintiff decree holder was authorised to block it. However, on the very next day of the judgement, Jagdish and Desh Pal (deceased), blocked the said passage door-way by erecting a brick wall obstruction.