INDER SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Appellants, Inder Singh, Himmat Singh, Ram Swarup, Arjun Singh, Indrapal Singh, Murli Singh, Basudeo, Sukhdeo Singh, Hanumant Singh, Samrath Singh, Harnam Singh, Mahendra Singh, Badan Singh, Babu Singh, Amar Singh and Ram Sewak, have preferred this appeal against the order of their conviction and sentence passed by the Addl. Sessions Judge, Jalaun at Orai on 14-11-1980 in Sessions Trial No. A 73 of 1976. Appellants Inder Singh, Himmat Singh, Ram Swarup, Arjun Singh and Indrapal Singh have been sentenced to three years rigorous imprisonment under Sections 395/397, I.P.C. while the remaining appellants have been sentenced to two years rigorous imprisonment under Section 395, I.P.C. The Government appeal has been filed for enhancement of the sentence.

(2.) Sri G.S. Chaturvedi, learned Senior Advocate, assisted by Sri Samit Gopal, learned counsel for the appellants, and the learned A.G.A. for the State have been heard.

(3.) According to the prosecution case informant, Shanker Singh P.W. 3, along with his brothers, Chhinga Singh P.W. 4 and Tulsi Ram P.W. 6, was harvesting Chana Bejhar crop in his Padwa field in village Bairaee bearing Khasra No. 586 on 8-3-1974 at 10 a.m. At that time appellant Inder Singh armed with gun, Himmat Singh and Ram Swarup armed with spear, Arjun Singh and Indrapal Singh armed with country made pistol and the remaining appellants armed with lathis came to the said field. They were also accompanied by one Bishambhar Singh, who died during the trial. On the exhortation of appellant Ram Swarup appellants Inder Singh and Arjun Singh fired from their respective weapons, which hit Chhinga Singh, Onkar Singh and Tulsi Ram. The appellants carried away the cut crops in four bullock carts which they had brought to the thrashing floor of the appellant Hanumant Singh. The occurrence was seen by Vakil Singh P.W. 5 and others. The informant, Shanker Singh lodged F.I.R. of the occurrence at Police Station Kalpi at 3.40 p.m. on 8-3-1974. The distance of the police station from the village is six miles.