JAGAT SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal has been preferred by three appellants, namely, Jagat Singh, Bileshwar and Lajja Ram against the judgment and order dated 23 -4 -1980 passed by Sri O.N. Asthana, the then IV Additional Sessions Judge, Mainpuri in S.T. No. 524 of 1979. Bileshwar and Lajja Ram were real brothers being the sons of Deshraj, Lajja Ram died during the pendency of the appeal and as regards him the appeal abated under order dated 24 - 3 -2003. There was another accused Kishan Pal who preferred Criminal Appeal No. 1722 of 1981. He also died and that appeal also abated.

(2.) PRESENTLY , the Court is concerned with appellants Jagat Singh and Bileshwar. Bileshwar is represented by Sri Satish Trivedi, learned Senior Advocate. However, the other appellant Jagat Singh absconded and despite best efforts, he could not be laid hands on. Under the circumstances, we appointed Sri Imran Ullah, Advocate as amicus curiae to argue out the appeal on his behalf.

(3.) THE brief facts may be set forth for proper appraisal of the matter. The appellants were convicted under Section 302 read with Section 34 IPC and sentenced to life imprisonment by the judgment impugned. The incident had taken place in between the night of 8/9 -8 -1979 at about 2.00 O' clock in Nagla Bankh Hamlet of village Ratibhanpur, Police Station Barnahal, District Mainpuri. The murder of Tukman Singh was allegedly committed by the appellants. The FIR was lodged on 9 -8 -1979 at 8.20 a.m. by Kanauji Lal (not examined). Jagat Singh was allegedly armed with 'Kanta' and Baleshwar had a spear (Bhala). Lajja Ram (who died during pendency of the appeal) was allegedly armed with a country made pistol and Kishan Lal appellant of Criminal Appeal No. 1722 of 1981 was allegedly armed with a spear.