RAJVIR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THESE two appeals arise out of the same judgment and order dated 31-10-1979 and connected with each other. They are being disposed of by a common judgment.

(2.) THE two appeals have been preferred against judgment and order dated 31-10-1979 passed by Sri P. C. Jain, the then 1st Addl. Sessions Judge, Shahjahanpur, whereby appellant Prempal Singh was convicted under section 302, IPC and was sentenced to imprisonment for life. Appellant, Rajveer Singh was convicted under section 302 read with section 109 IPC and has also been sentenced to undergo imprisonment for life. Appellant, Rajveei Singh was further sentenced to undergo two years rigorous imprisonment under section 224 IPC.

(3.) REPORTER, Suresh Chandra is nephew of deceased, Shanti Swarup. The house of deceased and the appellants are in the same village at a distance of 15 to 16 paces. The allegations made in the FIR. Ex. ka 1, are that Shanti Swarup, deceased, was uncle of the reporter, Suresh Chandra. It is alleged that about 1 1/2 years before this occurrence appellant, Prempal Singh had given a knife blow to Shanti Swarup for which a case was pending. About 15 and 16 days earlier to this incident some body had knocked the door of Rajpal, Bhangi in the same village at odd hours in the night. The wife of Rajpal raised alaram whereupon Shanti Swarup climbed on the roof and fired his gun. Thereupon Brijpal Singh had some exchange of words with Shanti Swarup On account of these previous incidents there was enmity between the parties.