AMBIKA PRASAD CHAUBEY Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Accused/appellants Ambikaa Prasad Chaubey, Ram Nagina Singh and Chandra Bhan Singh have preferred this appeal against the judgement and order of Sri. M.H.H. Siddiqui, Additional Sessions Judge. Gyanpur, Varanasi dated 4-9-1978 whereby they have been convicted under Section 302 read with Section 34, I.P.C. and sentenced to life imprisonment and also under Section 307 read with Section 34, I.P.C. and sentenced to 4 years rigorous imprisonment. The trial Court has ordered both the sentences against the accused/appellants to run concurrently.

(2.) The accused Vijay Bhan Singh who was brother, of accused/appellant, Chandra Bhan Singh was also charged for the aforesaid offences but during the pendency of the sessions trial in the Court of Sessions Judge, he was allegedly killed in a police encounter. The trial : consequently abated against him.

(3.) According to prosecution at about 5 p.m. on 12-4-1975 at village Khanpur, Police Station Gopiganj, Varanasi the aforesaid accused/appellants in furtherance of their common intention committed murder of Gajraj Singh and at the same time and place attempted to commit murder of Uharam Raj Singh P.W. 2 who happened to be the brother of deceased Gajraj Singh by firing at him with a country-made pistol. P.W. 2 Dharam Raj Singh made a report of the aforesaid occurrence at police station. Gopiganj on 12-4-1975 at 7 p.m. The police station is at about 5 miles from the place of occurrence. The first information report (which shall onwards be described as F.I.R. for the sake of convenience) was as follows :