RAM Vs. STATE OF U P

JUDGEMENT

(1.) Five accused appellants, namely, Sri Ram, Karan Singh, Hari Pal, Sheopal and Gokul have preferred this appeal against the judgment dated 2.12.1981 passed by IV Additional Sessions Judge, Banda in Sessions Trial No. 139 of 1981. Sri Ram and Karan Singh are brothers whereas Hari Pal is their uncle. The trial court has convicted all of them under Section 302/34 I.P.C. with sentence of life imprisonment.

(2.) We have heard Sri G.S. Chaturvedi, Senior Advocate, assisted by Sri V.S. Singh and Sri S.B. Kochar for the appellants. Sri R.K. Singh, learned A.G.A. has been heard from the side of the State. The record has been summoned which has been carefully perused by us.

(3.) The deceased of the incident was one Phool Singh alias Ram Roop Singh murdered on 15.1.1981 at about 1 P.M. at Pailani-Paprenda Road in front of village Piparhari near culvert and the F.I.R. was lodged the same day at 3.30 P.M. by Ram Swamp Singh PW 2-brother of the deceased (eyewitness).