DASHARATH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The above appeals and criminal revision have been preferred against the judgment and order dated 22.3.1990 passed by Sessions Judge, Jaunpur in S.T. No. 106 of 1989 convicting Appellant Brijesh Singh under Sec. 304 Part II, Indian Penal Code. and 324/34, Indian Penal Code. and sentencing him to undergo R.I. for a period of three years and a fine of Rs. 1,500 under Sec. 304, Part II, Indian Penal Code. and to undergo R.I. for a period of six months and fine of Rs. 1,000 under Sec. 324/34, Indian Penal Code. and convicting Appellant Dashrath Singh under Sec. 304, Part II read with Sec. 34 Indian Penal Code. and 324, Indian Penal Code. R.I. and sentencing him to undergo R.I. for a period of two years and a fine of Rs. 1,500 under Sec. 304(2)/34, Indian Penal Code. and R.I. for a period of six months and fine of Rs. 1,000 under Sec. 324 Indian Penal Code. The Government Appeal and Criminal Revision have been preferred against the acquittal of above Appellants under Sec. 302 read with Sec. 34 Indian Penal Code.

(2.) The prosecution story briefly stated was that Nagraj Singh deceased (22) was son of Abhimanyu Singh (P.W. 1). A day before the occurrence of this case, i.e., on 15.12.1988 Nagraj Singh deceased had gone to Jamalapur Bazar with his cycle. In the Bazar Appellants Brijesh Singh and Dashrath Singh demanded cycle from the deceased, but he refused and on it the Appellant threatened to kill him. In the evening Nagraj Singh deceased came to his house and told this fact to his father Abhimanyu Singh (P.W. 1).

(3.) On 16.12.1988 Nagraj Singh deceased again came to Jamalapur Bazar on a cycle with mustard seeds to get it expelled at the oil machine of Buddhoo. Abhimanyu Singh (P.W. 1) also came to the said oil machine. Suresh Tiwari (P.W. 2) and Daya Shankar also met Abhimanyu Singh (P.W. 1) and Nagraj Singh deceased at the said oil machine of Buddhoo. Keeping the mustard seeds and their cycle Nagraj Singh deceased, his father Abhimanyu (P.W. 1) along with Suresh Tiwari (P.W. 2) and Daya Shankar were proceeding to the market to purchase vegetables. When the deceased reached on the road in Jamalapur Bazar in front of Ram Janki temple Appellants Brijesh Singh and Dashrath Singh met him and they exhorted to kill him as he had not given them his cycle on the previous day. Saying it both the Appellants whipped out knives and Brijesh Singh pierced knife on the abdomen of Nagraj Singh deceased. When Suresh Tiwari (P.W. 2) rushed to save the deceased, Appellant Dashrath Singh inflicted knife below on him which hit on his right hand. Nagraj Singh deceased fell down. Abhimanyu Singh and others rushed to his rescue and the Appellants made their escape good.