YOGENDRA SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS criminal appeal under Section 374(2) Cr.P.C. has been filed by the accused persons Yogendra and Virendra Singh sons of Rajman Singh and Tej Bahadur Singh son of Dharam Deo Singh @ Mithaloo Singh, who have been convicted and sentenced by Sri S.K. Misra, Sessions Judge, Azamgarh, in respect of Sessions Trial No. 130 of 1985 -State Vs. Dharamdeo and others, passed on 31.8.1988, under Sections 148, 302/149 I.P.C., arising out of Crime No. 142 of 1984, Police Station Deogaon, District Azamgarh.

(2.) IN brief, the prosecution story runs like this, that the complainant Chhabiraji, wife of late Sri Nath Singh, resident of village Rampur Kathrawa, Police Station Deogaon, District Azamgarh had lodged an F.I.R. dated 27.8.1984 at 12.30 P.M. wherein it has been stated that since last 15 -20 years, there was dispute in respect of abadi land between the sons of the complainant namely, Udai Narayan @ Udayee and Dharamdeo @ Mithaloo and since then enmity was there. About quarter to four years back, there was marpeet between both the parties regarding which a case under Section 307 I.P.C. was pending in the court of Judicial Magistrate, Lalganj. On the day of the occurrence, the son of the complainant Udai Narayan had gone to see his paddy field and when he was coming back at about 10.30 A.M. and when he reached at the eastern boundary of field of Ramdeo Singh, the accused persons Dharmdeo @ Mithaloo, Yogendra, Virendra, sons of Rajman, Rajman son of Tulsi and Tej Bahadur son of Dharmdeo armed with country made pistol (Tamancha) and knives came there and surrounded Udai Narayan @ Udayee and started piercing knives. When he raised alarm, the complainant Chhabiraji, Chandrabali son of Deonandan, Banshu son of Umrao, Satya Narayan son of Ram Karan, who were co -villagers and were working in their respective fields, came to his rescue and challenged the accused persons but the accused persons continued with such act till Udai Narayan died due to injuries of knives, then the accused persons leaving Tamancha and cartridges in the field and taking the knives run away. This incident has been caused by accused persons due to old enmity. Dead body of the deceased, Tamancha and cartridges were lying in the field of Ramdeo. On the basis of this complaint, the F.I.R. was lodged and police came into action and dead body of the deceased was sent for post -mortem.

(3.) AFTER investigation, charge sheet was submitted in the court and charges were framed by the Vth Additional Sessions Judge, Azamgarh against five accused persons i.e. Dharmdeo Singh alias Mithaloo Singh, Yogendra Singh, Virendra Singh, Rajman Singh and Tej Bahadur Singh, under Sections 148, 302/149 I.P.C. Trial proceeded and on behalf of the prosecution. PW -1 Banshoo, PW -2 Chandrabali, PW -3 Harihar and PW -4 Smt. Chhabiraji complainant were examined as witnesses of fact whereas other formal witnesses PW -5 Chandrabhan Singh, PW -6 Inspector C.B.C.I.D. Daya Shanker Dwivedi, PW -7 S.I. Raj Bahadur Singh, PW -8 Dr. S.K. Gupta, PW -9 Constable Ramjeet were examined. On behalf of defence DW -1 Ashok Kumar, DW -2 Munnar and DW -3 Arjun Prasad Tiwari were also examined. After hearing the learned counsel for defence as well as prosecution, the learned Sessions Judge, Azamgarh vide its judgment and order dated 31.8.1988 has convicted and sentenced the accused persons -appellants Yogendra Singh, Virendra Singh and Tej Bahadur Singh under Section 302 read with Section 34 I.P.C. to imprisonment for life. However, the other accused persons Dharmdeo @ Mithaloo and Rajman were acquitted. Against the said conviction and sentence, the present appeal has been filed. We have heard Sri V.P. Srivastava, learned Senior Advocate, assisted by Sri A.K. Dwivedi and Sri Kameshwar Singh, learned counsel for the appellants and Sri Sangam Lal Kesarwani, learned A.G.A. for the State and perused the record.