MALKHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been preferred by the convicted accused Malkhan and Leela against the impugned judgment and order dtd. 22/4/1987 passed by Sri. K.N. Singh, Special Judge, Mathura in S.T. No.365 of 1986 (State Vs. Malkhan and others) arising out of Case Crime No.231 of 1986, outpost Jait, Police Station-Vrindavan, District Mathura, whereby they alongwith Kamal Singh were convicted for offence under Sec. 302/34 IPC and sentenced to undergo imprisonment for life.

(2.) Convicted accused Kamal Singh had also filed separate Criminal Appeal No.1221 of 1987, which was abated vide order dtd. 1/9/2021.

(3.) Factual matrix is that the first informant Girdhari Singh (PW-1 at the trial) had a tubewell installed in his field which was operated by an engine. The field was towards north of the village, and for safety at night, he and his father Hetram used to sleep there. The first informant and his father Hetram were sleeping at the engine in the night of 16/17/7/1986 and along with them, first informant's brother Ramesh was also present, who slept on the roof, then at about 05:00 AM, accused Malkhan, Leela, Kamal Singh and Gajjo, who all belonged to first informant's village and were having criminal antecedents, came at the engine of the first informant and directed Hetram to start the engine, for bathing. When Hetram refused to operate the engine, then Gajjo said "let he be killed" and acting on this exhortation, accused Malkhan and Leela who were armed with spear(ballam) and accused Kamal Singh, who picked up a spade(fawda) from there, began assaulting Hetram, who collapsed, due to the injures suffered by him. The first informant and his brother Ramesh raised alarm, then the villagers, who were working in nearby field namely Tularam (PW-2 at the trial), Leela s/o Vasudev, Dharampal, etc. arrived shouting, who also witnessed the incident. After arrival of those persons, all the accused fled towards Chomuha, assuming that Hetram was dead.