BANWARI LAL Vs. STATE OF U. P.

JUDGEMENT

(1.) We have heard Sri Krishna Gopal, learned counsel for the appellants and Sri J.K.Upadhyay, learned AGA for the State and have perused the record.

(2.) This appeal has been filed against the judgment and order of conviction and punishment, dtd. 18/11/2013 and 19/11/2013, respectively, passed by Additional District and Sessions Judge (Court No.6), Bareilly, in Sessions Trial No. 885 of 2011, convicting the appellants under Sec. 302 read with Sec. 34 IPC and sentencing them to imprisonment for life with fine of Rs.10,000.00 each and a default sentence of two months. INTRODUCTORY FACTS

(3.) The prosecution case is based on a written report (Ext.Ka-1) submitted by PW-1 at Police Station Kyolaria, District Bareilly on 5/5/2011, at about 10.30 AM, of which, Chik Report (Ext.Ka-2) and G.D.Entry No.14 (Ext.Ka-3) was prepared by PW-4. The allegation in the report is that the deceased Ram Swaroop had no issues; his wife had also died and after the death of his 2wife, the deceased was staying with the informant. The deceased had 18 Bighas of land. 15 days before the incident, the nephews of the deceased had dismantled the "Med" (field demarcation boundary) of the field of the deceased, which resulted in an altercation of the deceased with his nephews. On that ground, the deceased took a decision to transfer his land in favour of sons of the informant and, to arrange for the funds, to effect a transfer, had applied to the Bank. In the night of 4/5/5/2011 while the deceased Ram Swaroop to protect his watermelon crop (watermelon), was sleeping in his field, at about 4.00 AM in the morning of 5/5/2011, the deceased's nephews, namely, Banwari Lal (the appellant no.1) and Ram Naresh (appellant no.2), were noticed assaulting the deceased by PW-2 and PW-3 and when they were challenged, they threw the body of the deceased in a pit and ran away. It is alleged that body of the deceased was taken out from the pit, which had water, and injuries on neck, left ear and left knee of the deceased were noticed. By alleging that the appellants (i.e.,nephews of the deceased) have killed the deceased, the first information report was lodged.