BASUDEO Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Criminal Appeal No. 236 of 1980 has been filed by appellants Basudeo and Digambar against the judgment and order dated 22-12-1979 by Sri K. K. Sharma IV Additional Sessions Judge, Mathura by which he has convicted appellant Basudeo under Section 302, I.P.C. and appellant Digambar under Sections 302/34, I.P.C. Both the appellants have been sentenced to undergo imprisonment for life. The State of U.P. has filed Government Appeal No. 650 of 1980 against Ramesh and Randhir, respondents, as both of them have been acquitted by the learned Additional Sessions Judge by the same judgment. Both these appeals have been heard together.

(2.) According to the prosecution allegations, all the four accused persons were residents of village Loriha Patti, Police Station Magorrah, District Mathura. Deceased Girraj Singh, who was the resident of the same village and was brother of informant Nek Ram, was serving as a teacher in the primary school situated in village Dom Pura. It is said that he used to proceed from his house in the morning every day for attending the school. It is alleged that on 22-9-1978, the deceased was proceeding from his village for village Dom Pura on a bicycle, and when he reached Sonka-Goverdhan culvert, at about 6.00 a.m., the four accused persons hiding in the way, came out and fired their country made pistols aimed at the deceased. The deceased tried to run away but he was chased by the assailants. Accused Digambar then fired another shot aimed at the victim. Girraj Singh fell down and died on the spot. It is alleged that the occurrence was witnessed by Golu, Sohan Lal and Damodar. The assailants ran away from the place of occurrence after killing the victim. It is alleged that there was previous enmity between the deceased and his brother Nek Ram on one side, and the accused persons on the other, in respect of civil litigation relating to land.

(3.) Nek Ram lodged the FIR at Police Station Nogorrah at 9.05 a.m. on 22-9-1978. The case was registered. The Investigating Officer reached the spot and prepared Panchayatnama of the dead body. He sent the same for post-mortem examination alongwith necessary papers. The Investigating Officer also prepared the site plan and took in his possession the blood stained and plain clay. Later on, the statements of the eyewitnesses were recorded and thereafter charge sheet was submitted against all the four accused persons.