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.) ON the dead body of the deceased as many as 13 ante -mortem injuries of different dimensions, as detailed below, were found.