AMAR SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) Present criminal appeal has been preferred by appellants Amar Singh and Panjabi against the judgement and order dtd. 6/4/2012 passed by Additional District and Sessions Judge, Court No.1, Kannauj in Sessions Trial No.181 of 2011 (State vs. Amar Singh and another) convicting the appellants for the offence punishable under Ss. 302, 394 and 307 IPC and sentencing them to undergo rigorous life imprisonment and a fine of Rs.10,000.00, ten years rigorous imprisonment and a fine of Rs.5,000.00 and seven years rigorous imprisonment and a fine of Rs.4,000,.00 respectively, with stipulation of default clause. All the sentences were directed to run concurrently.

(2.) Brief facts of the case, as culled out from the record, are that informant Mijaji Lal son of Ramadin Yadav, resident of village Mansukhpurwa, Majra Bahosi, Police Station Indergarh, District Farrukhabad gave a verbal information on 28/12/1989 at about 20.30 hours at Police Station Indergarh that on 28/12/1989, his brothers Mewa Lal and Prahlad and nephew Veer Singh had gone to sow wheat in barren land. Mewa Lal and Veer Singh had returned to home, but Prahlad Singh was digging and weeding grass with spade. Amar Singh, resident of the same village, had grudge for about 10-12 years because of the said barren land. When Amar Singh came to know that wheat has been sown in the field, he armed with 'farsa', Panjabi armed with 'sword', Chaubey armed with Tawal and Nanhu with lathi reached at the field at about 4.00 p.m. and started abusing and beating Prahlad. On his shrieks, Pappi, daughter of Mewaram, who was cutting grass nearby, rushed to the house and informed about the incident. Thereafter, informant armed with licensee gun No. 55380 with belt and eight cartridges alongwith his both sons, namely, Mahendra and Surendra reached the spot. The accused persons left Prahlad Singh and started beating Mewa Lal, Veer Singh and Mahendra Singh and caused injury to every one. Amar Singh snatched the gun with belt and cartridges and ran away towards Majhila. Incident was witnessed by the informant, Pappi, Narendra, Surendra and all other villagers. Condition of Prahlad Singh, Mewalal and Veer Singh was serious.

(3.) On the basis of the information aforesaid, chik F.I.R. (Ext. Ka-1) was registered at Police Station concerned on 28/12/1989 at 08.30 p.m. under Ss. 307, 394 and 324 IPC. G.D. entry was also made at the same time, which is Ext. Ka-6.