JAGMOHAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Four accused, Jagmohan, Brij Raj Singh, Sobran Singh and Ramesh Singh have filed this appeal against the judgment and order-dated 31.7.1981 passed by Sri Y.P. Singh, the then Sessions Judge, Etah in S.T. NO. 247 of 1980 whereby he convicted all the four accused under Sections 302/307 both read with Section 34 of the Penal Code and each of them was sentenced to suffer imprisonment for life and rigorous imprisonment for a term of three years respectively thereunder. Both the sentences were directed to run concurrently.

(2.) Appellant No. 2 Brij Raj Singh and Appellant No. 4, Ramesh Singh expired during pendency of the appeal.

(3.) In brief, the necessary facts of the case, as revealed from the record, are as under: 4. One Bhagwan Singh and deceased (Prayag Singh) were brothers. Roop Singh son of Bhagwan Singh was married to Smt. Putti, who is sister of accused Sobran Singh and Ramesh. Accused Brij Raj Singh was brother-in-law (Behnoi) of Sobran Singh and Ramesh. Roop Singh and his father Bhawan Singh died prior to the impugned incident. After their death, Smt. Putti developed illicit intimacy with accused Jagmohan, which was not liked by Prayag Singh and his wife Smt. Kamla Devi and they raised objection. On account of this resentment, all the four accused threatened Prayag Singh to teach him a lesson 3-4 days prior to his murder.