ABHILAKH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal at the instance of two brothers, Abhilakh and Sripal Singh Sons of Mulayam Singh is directed against the judgment and order-dated 31.7.1981 passed by the then Additional Sessions Judge, Pilibhit in S.T. No.63 of 1980, whereby he convicted both brothers under Section 325 read with Section 34 of Penal Code and each of them was sentenced to suffer rigorous imprisonment for a period of five years.

(2.) Briefly stated, the facts of the prosecution case-giving rise to this appeal were as under:- Abhilakh and Sripal Singh are sons of Mulayam Singh, Arjun Singh, the deceased was brother of Subedar Singh and all of them resided in village Jatpura Police Station Purgnpur, Pilibhit. Some altercation had taken place between Arjun Singh on the one hand and appellants on the other in the month of April 1979 in the Khalihan. The villagers intervened and solved the dispute. However, the appellants were annoyed and bore grudge.

(3.) On 24.9.1979, at about 7.30 a.m. both the appellants assaulted Arjun Singh mercilessly by lathi near the house of PW1 Chandrabhal. PW1 Chandrabhal and PW2 Raj Kumar Singh arrived there and saw the incident and on their intervention, the assailants ran away. The assailants caused several injures. They further threatened to kill him.