BHUP SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal under Section 374 Cr.P.C. was initially filed by accused appellants Bhup Singh, Kalyan Singh and Gajadhar alias Gajraj against the judgment and order dated 3.12.1982 passed by the Sessions Judge, Aligarh in respect of Sessions Trial No. 90 of 1982 whereby the appellants were convicted under Section 302/34 I.P.C. and were sentenced to undergo life imprisonment. They were further convicted and sentenced under Section 324/34 I.P.C. for one year Rigorous Imprisonment and under Section 323/34 for three months Rigorous Imprisonment. All the sentences were directed to run concurrently.

(2.) During pendency of this appeal, the appellants Bhup Singh and Gajadhar alias Gajraj died and thus appeal in respect of them was abated by order of this Court dated 1.11.2007.

(3.) The prosecution story, in brief, is that the complainant Budhsen along with his brother Kallu Singh were partners in the crop of Smt. Shanti Devi wife of Late Murli where they had harvested the crop of potatoes. Out of the said harvest, Kalyan Singh son of Smt. Shanti Devi had returned from Agra after selling two trucks load of potatoes on 29.3.1981 and the entire money was in his custody. Since some crop of potatoes was still lying in the field and therefore to ensure its safety, Kallu Singh, Panna Lal, Smt. Shanti Devi and complainant were sleeping in the said field around the heap of potatoes. At about 11.00 P.M. Kalyan Singh armed with a country made pistol, Bhup Singh armed with Pharsa and Gajadhar armed with spear came to the spot and started assaulting Kallu Singh with their weapons. Upon commotion, the complainant and others woke up and they saw Kalyan Singh shot at Kallu Singh. Kallu Singh died on spot. They also assaulted Smt. Shanti Devi while questioning her wisdom of admitting Kallu Singh as a partner in the crop. All the accused persons were recognized by the complainant and witnesses Netra Pal and Panna Lal by the help of torch which was with the complainant.