RAM SWARUP Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal has been directed against the judgment and order dated 10 -6 -1983 passed by 9th Additional Sessions Judge, Moradabad in Sessions Trial No. 570 of 1981 convicting appellant Mahesh under Section 302 I.P.C. and sentencing him to imprisonment for life and convicting appellants Ram Swarup, Harpal and Prahlad under Section 302 read with Sections 34, I.P.C. and 323 read with Section 34, I.P.C. and sentencing each of them to imprisonment for life under Section 302 read with 34, I.P.C. and to undergo R.I. for a period of one year under Section 323 read with Section 34, I.P.C. Both the sentences were ordered to run concurrently.

(2.) THE prosecution story, briefly stated, was as under: Appellant Ram Swarup and Koka, father of appellant Prahlad were real brothers and appellant Harpal was nephew (father's sister's son's son) and appellant Mahesh was grand -son of appellant Ram Swarup. Sheo Lal (P.W. 1), Sheo Nath Singh deceased and Dharam Singh were real brothers while Hari Om (P.W. 4) was son of Dharam Singh. Smt. Ramkali was wife of Dharam Singh. All the appellants and prosecution witnesses and deceased were residents of same village.

(3.) SHEO Lal (P.W. 1) prepared report (Ext. Ka -1) on the spot and went to police outpost Dhanaura Mandi P.S. Bachhrau alongwith Ram Swarup appellant and injured Dharam Singh, Hari Om (P.W. 4) Onkar and Murari where he lodged report at 4.30 p.m.