KARAN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant criminal appeal is directed against the judgment of conviction and order of sentence dtd. 27/9/1984 passed by the Additional District and Sessions Judge, Lalitpur in Session Trial No.47 of 1983 (State Vs. Karan Singh), convicting and sentencing the appellant under Sec. 302, 148, 149 of the Indian Penal Code, 1860 to undergo life imprisonment and rigorous imprisonment for one year respectively (Life imprisonment under Sec. 302/149 I.P.C. and rigorous imprisonment under Sec. 148 I.P.C.). From the same Case Crime No.53 of 1979, under Sec. 396 I.P.C., Police Station Saujana, District Lalitpur, three sessions trial were instituted i.e. Sessions Trial No.15 of 1980 (State Vs. Aman Singh & Others), Sessions Trial No.23 of 1980 (State Vs. Kishora) and Sessions Trial No.47 of 1983 (State Vs. Karan Singh)

(2.) The prosecution case as emerged from the written information given by the first informant, Kashiram on 22/11/1979 in the Police Station- Saujana, District Lalitpur, the evidence on record both the documentary and oral, are stated briefly as follows:-

(3.) All the five accused were charged with the offence under Sec. 147 I.P.C. for having formed an unlawful assembly alongwith another associates on 21/11/1979 at about 5:00 p.m. near the agricultural field of one Baldu Lodhi having crops of 'jowar', situated in village Agodi, Police Station- Saujana, District Lalitpur, with a common object whereof to commit the murder of Ramphal (brother of the first informant Kashiram) and in furtherance of their common object of that unlawful assembly, the accused persons allegedly had committed the offence of rioting. They were further charged under Sec. 302/149 I.P.C. as they committed the murder of Ramphal intentionally causing his death on the relevant date and time of the incident on the spot of the incident in furtherance of the common object of their unlawful assembly. The accused persons were also charged under Sec. 307/149 I.P.C. for having attempted to commit the murder of Kashiram by firing at him in pursuance of their common object on the relevant date and time on the spot of incident. They were also charged under Sec. 396 I.P.C. for having committed dacoity as they allegedly snatched the licensed gun alongwith 25 cartridges and automatic wrist watch and in the course of commission of the dacoity, murder of 'Ramphal' was committed by one or some of them. Further, three accused Aman Singh, Hallu and Kishora were charged under Sec. 148 I.P.C. also for being armed with deadly weapons namley axes and sickle at the time of committing the offence of rioting.