MAHABIR Vs. STATE OF U P

JUDGEMENT

(1.) The present appeal at the instance of the aforesaid two appellants, who are father and son amongst themselves, is directed against the judgment of conviction and sentence by the I Additional Sessions Judge, Bulandshahr dated 10.1.1978 in S.T. No. 192 of 1977, whereby the learned judge found the appellants guilty under sections 302/149, 147 and 364 IPC and sentences them to life imprisonment, to R.I. for one year and to R.I. for five years for the offences respectively. It is stated that the appellants were released on bail in this appeal and appellant Mahabir has died during the pendency of the appeal.

(2.) In the trial court three persons stood trial for the aforesaid offences, the third accused Amar Singh was acquitted by the trial court. There was yet another accused Bhopal who is said to have been tendered pardon and who turned an approval and was examined as a witness.

(3.) According to the prosecution story, there were litigations between the deceased Mahendra Singh and the present two appellants, Mahabir and Rajkumar and on 9.2.1977, it is stated, Mahender Singh took a bus for going to Aligarh in connection with a litigation. The bus was waylaid, Mahender Singh was dragged out by Mahabir, Rajkumar and others and was taken away on a truck. He was subsequently murdered and his dead body was left on a road. The FIR was lodged by a co-passenger, Mithan Singh, at the police station Chhatari at about 10.30 a.m. stating that on that day he was going to Aligarh from Pahasu by bus No. UPB 1990 and Mahender Singh son of Jagat Singh, resident of Aterna, was also moving in the same bus. When the bus crossed a kiln after crossing Pahasu, a truck, no. RSM 7626, came from behind and overtook the bus and stopped in front of the bus and made the bus halt, seven or eight persons came down from the truck and caught hold of Mahender in the bus and assaulted him, took him out and took him away on the truck for the purpose of killing him. The informant could identify Mahabir Singh and his son Raj Kumar amongst the miscreants and he claimed to be able to identify the others if seen again. It was stated that Mahendra Singh was going to Aligarh in connection with a litigation. The bus tried to chase the truck, but it sped away. The F.I.R. indicated that Mahender Singh had a bag with him containing the litigation decoments and it was lying in the hands of the informant Mithan Singh at the time of lodging the F.I.R. The F.I.R. was scribed by one Naresij Chand Bhardwaj of Chhatari.