PRATAP SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This is an appeal filed by Pratap Singh and Neksa against the judgment and order of the learned Sessions Judge, Mathura, dated 26.7. 1979, in Sessions Trial No. 69 of 1979, convicting appellant Pratap Singh under section 302, I.P.C. and appellant Neksa under section 323, I.P.C. and sentencing them to life imprisonment and R.I. for a period of six months respectively. Appellant Pratap Singh has been convicted under section 302, I.P.C. for committing the murder of Dal Chand and appellant Neksa was held guilty under section 323, IPC for causing simple hurt to Ramesh Chandra.

(2.) The appellants Pratap Singh and Neksa are real brothers. The deceased Dal Chand also lived in the same village Bedai where appellants Pratap Singh and Neksa were residing. P.W. 1 Ramesh Chandra, who lodged the first information report and is also an injured witness, is the son of the deceased Dal Chand.

(3.) Before entering into the facts of the case it is necessary to point out that there are three eye - witnesses in the case, namely, P.W. 1 Ramesh Chandra Sharma, P.W. 3 Chura Man and P.W. 4 Asharfi Lal. P.W. 1 Ramesh Chandra Sharma had lodged the First Information Report and has also sustained simple injuries. In the first information report names of P.Ws. 3 Chura Man and P.W. 4 Asharfi Lal have been mentioned. There are some formal witnesses in the case, namely, P.W. 2 Ram Pal Singh Head Moharrir, who prepared the chick report, P.W. 5 Dr. Arvind Kumar, who performed the post mortem examination on the body of the deceased Dal Chand, P.W. 6 Dr. D.D. Bansal, who had examined the injuries sustained by P.W. 1 Ramesh Chandra Sharma and P.W. 7 Dinesh Chand Misra, who is Investigating Officer in the case.