YASHPAL Vs. STATE OF U P

JUDGEMENT

(1.) - Two appellants, Yashpal and Jaipal, both sons of Shyam Singh, are the brothers of deceased Baru, who was the eldest amongst four sons of Shyam Singh. They have appealed to this Court against the judgment of conviction and order of sentence dated 5.10.1983 passed by the learned II Addl Sessions Judge, Muzaf- farnagar in S.T. No. 110 of 1983 by which the appellants were found guilty of committing offence under section 302 readwith 34 I.P.C. and each of them was directed to suffer R.I. for life.

(2.) THE prosecution case, as contained in Ext. Ka. 1, the written report of PW-1 Smt. Sumitra, wife of the deceased Baru, was that Chhotu, the youngest of the four brothers, had died and his minor son Manoj (PW-2) was living with the informant Smt. Sumitra. Manoj Kumar (PW-2) was the son of the full sister of the informant, who was married to Chhotu, the youngest of the four sons of Shyam Singh. It was stated that Shyam Singh had partitioned his entire immovable properties in 5 parts; his own part being blended with the shares of deceased Baru and his other deceased son Chhotu. Thus, the two appellants, Yashpal and Jaipal, were left with their own individual shares.

(3.) IT so happened that on 13.12.1982 at 5.30 P.M., the deceased alongwith his nephew Manoj Kumar (PW-2) had gone to the cattle shed, situated west of the house of the appellants, to teether the catties. They were returning and when they had reached in front of the house of the appellants, it is stated that appellant Jaipal, took the deceased into his arms while appellant Yashpal fired a shot at him. The informant stated that the cries raised by PW-2 Manoj Kumar, attracted the witnesses like PW-3 Shiv Raj Singh and others, who saw the deceased being dragged by the two appellants into the house of appellant Yashpal. After dragging the deceased inside the house, its doors were closed. The witnesses including the informant knocked at the doors as also pushed it, when the wife of the appellant Yashpal opened the door and the two appellants ran away towards the fields. The informant stated that she alongwith others went inside the room and found that the deceased was lying dead and was bleeding from different injuries which had been caused to him by Phawra which was also found lying just by the side of the dead body inside the room. The informant stated that she had left the dead body under the watch of her father-in-law, namely, Shyam Singh and a few of the villager and had herself come to the police station to lodge Ext. Ka. 1, the written report.