RAJVEER SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These two appeals arise out of the same judgment and order dated 3 1.10.1979 and are Connected with each other. They are being disposed of by a common judgment.

(2.) The two appeals have been preferred against judgment and order dated 31.10.1979 passed by Sri P.C. Jam, the then 1st AddI. Sessions Judge, Shahjahanpur, whereby appellant. Prempal Singh was convicted under Section 302, I.P.C. and was sentenced to imprisonment for life. Appellant, Rajveer Singh was convicted under Section 302 read with 109, I.P.C. and has also been sentenced to undergo imprisonment for life. Appellant, Rajveer Singh was further sentenced to undergo two years rigorous imprisonment under section 224, I.P.C. The appellants, Brijpal Singh, Deshraj Singh, Amar Singh and Phool Singh were convicted under section 225, I.P.C. and were sentenced to undergo 3-1/2 years rigorous imprisonment.

(3.) The complainant and accused-appellants belong to same village Kadrabad police station Paraur district Shahjahanpur. The appellants, Brijpal Singh, Deshraj Singh and Amar Singh are real brothers. Appellant, Rajveer Singh and Phool Singh are also real brothers. Appellant, Prempal Singh is the son of appellant, Brijpal Singh. Reporter, Suresh Chandra is nephew of deceased, Shanti Swamp. The house of deceased and the appellants are in the same village at a distanceofl5 to 16 paces. The allegations made in the F.I.R., Ex. Ka 1, are that Shanti Swamp, deceased, was uncle of the reporter, Suresh Chandra. It is alleged that about 1-1/2 years before this occurrence, appellant Prempal Singh had given a knife blow to Shanti Swamp for which a case was pending. About 15 and 16 days earlier to this incident some body had knocked the door of Rajpal, Bhangi in the same village at odd hours in the night. The wife of Rajpal raised alarm whereupon Shanti Swamp climbed on the roof and fired his gun. Thereupon Brijpal Singh had some exchange of words with Shanti Swamp. On account of these previous incidents there was enmity between the parties.