SARDAR Vs. STATE OF U P

JUDGEMENT

(1.) The present criminal appeal is directed against the judgement and order dated 24.01.1983 passed by learned III Additional District & Sessions Judge, Budaun in Sessions Trial No. 460 of 1980 pertaining to Case Crime No. 177 of 1979 whereby appellant-Sardar was convicted and sentenced under Section 302 I.P.C. read with Section 149 Indian Penal Code (hereinafter referred to as I.P.C.) to suffer imprisonment for life and one and a half year rigorous imprisonment for the charge under Section 148 I.P.C. By the same judgement appellant-Lakkhi was also convicted and sentenced under Section 302 I.P.C. read with Section 149 I.P.C. to suffer imprisonment for life and one year rigorous imprisonment for the charge under Section 147 I.PC. The trial Court after scanning the evidence and material available on record had acquitted the co-accused Raghubir, Harpal and Sohan Pal under Section 148 and 302 read with Section 149 I.P.C. but no appeal has been filed against acquittal.

(2.) The prosecution story in nutshell is as follows:-

(3.) According to the prosecution, the accused persons committed murder of Hari Singh due to hostility because one Kehar, a cousin of Khushi Ram, was murdered prior to this occurrence and Hari Singh (deceased), his father Hardwari Singh (informant) and one Satya Ram were facing trial in above murder case in the Sessions Court at Budaun and due to that enmity, the accused persons killed Hari Singh. The informant along with village-chaukidar went to the police station Gunnaur subsequent to the occurrence and got the report of the incident Ext. Ka. 1 written by one -Maheshi Lal (C.W.-1) and the F.I.R. was lodged in the same night on 22.09.1979 at 10.15 P.M. at police station, Gunnaur.