SUNDAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This criminal appeal by Sundar, son of Bhikhari Harizan, resident of Parikshat Garh, P. O. Parikshatgarh, District Meerut, is directed against the judgment of conviction and order of sentence both dated 24/12/1979 passed by the IV Additional Sessions Judge Meerut, vide which the co-accused of the appellant, namely, Rajendra and Surendra were acquitted of the offence under Ss. 302 and 394, I.P.C. where as the appellant was convicted under these Sections with the aid of S. 34, I.P.C. and sentenced to life imprisonment under S. 302 read with S. 34, I.P.C. and is undergo R.I. for three years under S. 394, I.P.C. and both the terms of sentences were directed to run concurrently.

(2.) The prosecution case in short is that on 16-4-78 when Veera, the complainant, along with his wife Smt. Rajo, his elder brother's wife Natho and nephew Karan Pal returned from the field after harvesting the crop at about 2.30 p.m. they saw Sundar, Rajendra and Surendra accused present in their house. Sundar and Surendra had caught hold of his nephew Pramod alias Vinod aged 10 years and within their view Rajendra had inflicted a number of knife blows on his person as a result where of he had died on the spot. On seeing Veera and others Rajendra and Surendra scaled over the wall with the help of a cot and made good their escape whereas Sundar was apprehended by these persons. Rs. 4000.00 which was kept in an earthen pot inside the house were found missing. The other two accused were also apprehended and after completion of investigation and other formalities they were challenged under S. 302, I.P.C. vide F.I.R. No. 80 dated 16-4-78 P. S. Pawana, District Meerut.

(3.) The learned trial court charged the accused Rajendra under S. 394, I.P.C. as also under S. 302, I.P.C. read with S. 34, I.P.C. whereas his co-accused Surendra and Sundar were charged under S. 394 as also under S. 302, I.P.C.