RADHA MOHAN SINGH Vs. STATE

JUDGEMENT

(1.) This appeal has been nominated by the order of Hon'ble the Chief Justice dated 29-3-2004 to this Bench under Section 392 , Cr.P.C. for opinion, as there was difference of opinion between the Hon'ble Judge (Hon'ble S.K. Agarwal, J. and Hon'ble K.K. Misra, J.) of the Bench which heard and decided it.

(2.) The appeal was directed against the judgment and order dated 16-6-1980 passed by the Sessions Judge, Ballia in Sessions Trial No. 50 of 1980 convicting the appellants Radha Mohan, Devendra Singh alias Mutuk Singh, Kaushal Kishore, Tej Bahadur Singh and Kapil Deo Singh under Sections 302 read with 149,IPC and sentencing each of them to imprisonment for life, further convicting appellants Tej Bahadur Singh and Kapil Deo Singh under Section 147, IPC and sentencing each of them to undergo R.I. for a period of one year, further, convicting Radha Mohan, Devendara Singh and Kaushal Kishore under Section 148, IPC and sentencing each of them to undergo R.I. for a period of two years. Appellant Kaushal Kishore was further convicted under Section 324, IPC and Kapil Deo Singh and Tej Bahadur Singh under Section 323, IPC and remaining appellants were convicted under Section 324 read with 149 IPC and 323 read with 149, IPC, but no separate sentence was awarded under these sections.

(3.) The prosecution story, briefly stated, was as under : All the appellants as well as Hira Singh, deceased and his brother Ganesh Singh (PW-1) were residents of village Shivpur Diyar, P.S. Kotwali, district Ballia. About 5 days before the occurrence of this case, appellants Radha Mohan Singh and Kaushal Kishore and others had assaulted one Udai Narain and a case was registered in this regard . Ganesh Singh (PW-1) was witness of prosecution in the said case. Radha Mohan Singh and others were pressurizing Ganesh Singh (PW-1) not to give evidence against them in said case , but he was not. agreeable to it.