BADSHAH Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal has been directed against the judgment and order dated 3 -3 -1981, passed by III Additional Sessions Judge, Shahjahanpur in Sessions Trial No. 369 of 1980, convicting appellants Badshah, Sri Ram, Mahendra and Ram Bharosey under Section 302 read with Section 34 IPC and Section 394 IPC and sentencing each of them to undergo imprisonment for life under Section 302 read with Section 34 IPC and RI for a period of seven years under Section 394 IPC. Both the sentences were ordered to run concurrently.

(2.) THE prosecution story, briefly stated was that appellants Badshah and Mahendra were cousin brothers and residents of village Bhudiya, P.S. Paraur, district Shahjahanpur. Appellant Ram Bharosey was cousin brother (father's sister's son) of appellant Badshah while appellant Sri Ram was brother in law of appellant Ram Bharosey. Appellants Ram Bharosey and Sri Ram were residents of another village Samaichipur.

(3.) ON the evening preceding the date of occurrence, Rangi Singh deceased asked Nakshatra Pal (PW 1) to go to Consolidation office at Jalalabad on the next morning. It was over heard by appellant Mahendra, who was standing near them and had his house adjacent to the house of Nakshatra Pal (PW 1).