SUDHIR Vs. STATE OF U P

JUDGEMENT

(1.) -This appeal has been directed against the judgment and order dated 16.12.1980 passed by IInd Additional Sessions Judge, Aligarh in Sessions Trial No. 189 of 1979 convicting all the appellants under Sections 302 read with 149, I.P.C. and alternatively under Section 302/34, I.P.C. and sentencing each of them to imprisonment for life. All the appellants were further convicted under Section 148, I.P.C. and sentenced to undergo R.I. for a period of two years. Appellant Sudhir was further convicted under Section 404, I.P.C. and sentenced to undergo R.I. for a period of one year. All the sentences were ordered to run concurrently.

(2.) THE prosecution story, briefly stated, was as under : Appellant Sudhir was uncle of appellant Jitendra. Shyodan Singh, who was Pradhan of village, had initiated a proceeding under Section 133, Cr. P.C. against Mahendra Singh father of appellant Jitendra Singh, as he had constructed a house on the public path. Deopal Singh was real brother of appellant Bhan Pratap. Deopal Singh was murdered and Shyodan Singh deceased was arrayed as accused in the said murder case. After trial, Shyodan Singh was acquitted of the said murder case. Shyodan Singh deceased had also initiated a case against appellant Kamal Singh and his brother for encroaching chak road, in which fine was imposed on Kamal Singh and others. On account of above litigations and murder, the appellants Sudhir, Jitendra, Bhan Pratap and Kamal Singh were having enmity with Shyodan Singh deceased. Chhidda appellant was of the party of above appellants.

(3.) INVESTIGATION of the case was taken up by Bhanwar Pal Singh (P.W. 7). He came to the spot along with other police officers. Dead bodies of Badam Singh and Shyodan Singh were lying near field of Rup Singh. On the direction of the I.O., Sub-Inspector Shyam Singh conducted inquest of the dead bodies of Badam Singh and Shyodan Singh, sealed the same and sent for post-mortem. The I.O. took into possession one wrist watch and one cartridge, blood stained and simple earth from the place of dead body of Shyodan Singh. The I.O. interrogated Omvir Singh (P.W. 1), Anand Kumar (P.W. 4) and other witnesses. He also inspected place of occurrence and prepared site plan (Ext. Ka-22).