SURESH Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been directed against the judgment and order dated 9-7-1981 passed by Sessions Judge, Kanpur (Non Metropolitan Area) in Sessions Trial No. 119 of 1979 convicting appellants Suresh and Prakash under Section 302 read with Section 34 IPC and sentencing each of them to undergo imprisonment for life.

(2.) The prosecution story, briefly stated, was as under : The appellants Suresh and Prakash were residents of villages Gabadahawa and Dariaganj respectively within P. S. Sheorajpur. Indrapal deceased had his sasural at village Ghanshyampur, P. S. Sheorajpur. He had got landed property in his sasural and therefore was residing in said village for last 10 years from before the occurrence of this case. In the month of February, 1978, a dacoity had taken place in the house of Indirapal deceased at village Ghanshyampur. Indrapal deceased had lodged report of said dacoity naming appellants Suresh and Prakash as accused and had cited Vishnudutta (co-accused) as witnesses. Vishnudutta did not support the dacoity case and therefore police submitted final report in the said case. Indrapal deceased had told Vishnudutta that he appeared conspirator of the said dacoity. Vishnudutta told that in case he thought so, he should be careful. Appellants Suresh and Prakash had also told Indrapal deceased that he had falsely implicated them in the dacoity case and they would teach a lesson to him for it. On account of it, the appellants Suresh, Prakash and co-accused Vishnudutta accused were having enmity with Indrapal deceased.

(3.) Virendra Singh (P. W. 1) younger brother of Indrapal deceased was serving in Kanpur City and was residing in Mohalla Koparganj, Kanpur City.