INDERJIT SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Present appeal has been filed by accused-appellants Inder Singh, Jayanti Prasad and Prabhu Dayal against judgement and order dated 05.04.1991 passed by Xth-Additional District and Sessions Judge, Aligarh in Sessions Trial No. 289 of 1986, State of U.P. Vs. Indrajeet Singh and others, under Sections 302, 364 I.P.C., P.S. Barla, District Aligarh, whereby learned Xth-Additional District and Sessions Judge, Aligarh has convicted all the accused-appellants for offence punishable under Section 302 I.P.C. and sentenced thereunder to each of them with imprisonment for life and fine of Rs. 500/-.

(2.) We have heard learned counsel for the appellants and learned A.G.A. for the State-respondent. We have perused the records also.

(3.) According to F.I.R. Exhibit Ka.01 prosecution case is that Jawahar Lal father of accused Inder Singh and Jayanti Prasad inherited property from his in-laws in village of complainant Prem Prakash, Therefore, he came to village of complainant with his family and established his residence there. Later on, in year 1974, his son Ram Kailash was murdered. Ram Swaroop Lodhe father of complainant (Now deceased) and Pratap Bhan brother of complainant were named accused in the said murder case who were acquitted 3 or 4 year before present occurrence that is why accused Inder Singh and Jayanti Prasad who are sons of Jawahar Lal had animosity with Ram Swaroop father of complainant. They shifted back their residence to Village Barauli two year before occurrence. They had a house in village Charra also on the side of road where they were mostly residing in that period.