RUDRA PAL SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Present Criminal Appeal under sec. 374(2) Cr.P.C. has been filed against the judgment and order dtd. 2/9/1987 passed by Sri Mukteshwar Prasad, the then Ist Additional Sessions Judge, Sultanpur in Sessions Trial No. 113 of 1986, convicting all the appellants under Sec. 302/34 I.P.C. and sentencing them to undergo to life imprisonment to each convict-appellants under Sec. 302/34 I.P.C. The convict-appellants, Rudra Pal Singh, Sita Ram Singh and Sri Ram Singh had died during pendency of the present appeal and case against them has been abated vide order dtd. 5/12/2016. Thus, the present appeal survives on behalf of the appellant, Rajendra Pratap Singh.

(2.) Wrapping the facts of the case in brief that the complainant, Vijay Bahadur Singh, son of late Vishwanath Singh stated in the F.I.R. that his brother, Bajrang Bahadur and Ram Sahay Tewari, S/o Sri Ram Hit and Salikram Murai, S/o Ramjeevan, R/o of Kharagpur Ayodhya Nagar, were returning to their home on 3/9/1984 at about 1.30 P.M. When they reached Bibi Tali Talab, the convict-appellants, Rudra Pal Singh, Sita Ram Singh and Sri Ram Singh, sons of Fateh Bahadur Singh and Rajendra Pratap Singh @ Mithu, son of Rudra Pal Singh attacked his brother, Bajrang Bahadur Singh with Lathi and Ballam. When his brother, Bajrang Bahadur Singh raised alarm, Ram Sewak Tewari and Salikram Murai rushed towards the place of the incident and tried to save the brother of the complainant, Bajrang Bahadur Singh. The convict-appellants threatened them not to come forward to save Bajrang Bahadur Singh else they will bear the consequences.

(3.) Hearing noise at the place of occurrence, the complainant and Surya Narain Tewari, S/o Gayadin Tewari and Ram Lakhan Upadhyay, S/o Ram Dular and other villagers arrived at the place of incident and challenged the assailants. Then, the convict-accused ran away treating his brother half dead towards the south. The brother of the informant was badly injured and unconscious. He brought his brother on a cot to the police station with the help of Somai, Hari Ram Lal, Krishan Surya Narayan. When they reached near a temple at Peeparpur Road, his brother died on the way. The complainant went to the police station with dead body of his brother and lodged an F.I.R. in writing.