ROSHAN SINGH Vs. STATE

JUDGEMENT

(1.) BOTH the aforesaid jail appeals arise out of the same judgment, as such, they are being disposed of by a common judgment.

(2.) CHALLENGE in the aforesaid appeals is the judgment and order dated 16.04.2008 passed by Additional Sessions Judge/Special Judge, SC/ST Act, Farrukhabad, in Sessions Trial No. 97 of 2006, arising out of Case Crime No.701of 2005, Police Station Kamalganj, District Farrukhabad, whereby both the appellants were convicted for the offence under Section 302 IPC and were sentenced to undergo imprisonment for life and also with fine of Rs.10,000/ - each with default stipulation of one year additional imprisonment.

(3.) IN brief, according to the version of the first information report, the case of the prosecution was that on 06.11.2005, the father of the complainant Manoj Kumar Yadav namely Laxman Singh had gone to sell his potato crop from Malikpur to Kanpur. He came back on 07.11.2005 after selling his potato crop from Kanpur. After reaching Khudaganj, he made a phone call through PCO and asked his family members to come to Khudaganj to take him to the village as he has come back after selling his potato crop and he was also carrying the money (sale proceeds). After receiving the phone call of his father, complainant Manoj Kumar Yadav along with Virendra Singh and Shailesh and Banti came to Khudaganj on 07.11.2005 in the evening at 08.30 PM on tractor where they were informed by some persons that appellants Raju Pandit, Roshan Singh and two other persons were quarrelling with his father and they have taken his father forcibly towards the house of Raju Pandit. On this information, all the persons went towards the house of appellant Raju Pandit and heard the cries of his father. Hearing the cries, they started search of his father then they found, in the light of the torch, that the appellants were beating his father while he was lying on the ground behind the house of appellant Raju Pandit. On the arrival of these persons, the appellants and some unknown persons extended threats of dire consequences to them and ran away towards the fields after committing murder of Laxman Singh.