UDAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) PHOOL Singh, Udal Singh (both brothers), Jaipal Singh son of Phool Singh above named and Manvir Singh son of Dera Singh were tried before the I Additional Sessions Judge, Rampur in Sessions Trial No. 193 of 1980. All of them came to be convicted under Sections 148, 440 and 302 read with Section 149 I.P.C. by the impugned judgment dated 31 -10 -1981. Sentence of life imprisonment was awarded for murder with certain other sentences for remaining offences.

(2.) UDAL Singh and Manvir Singh happened to file another Criminal Appeal No. 2685 of 1981 whereas accused Phool Singh filed Criminal Appeal No. 3162 of 1981. All these three accused died during the pendency of appeals. As such, separate Criminal Appeal No. 2685 of 1981 filed by Udal Singh and Manvir Singh and Criminal Appeal No. 3162 of 1981 separately filed by Phool Singh came to be abated vide order dated 31 -3 -2005. Now the appeal survives only on behalf of the accused Jaipal Singh.

(3.) THE prosecution case as unfolded by the F.I.R. and the evidence adduced in Court was like this: Smt. Ram Shri, daughter of Phool Singh accused was married to Basanta Singh of village Jakhera, District Meerut about 15 years ago. Her husband died about 5 -6 years ago. About six months or a year before the occurrence, she developed illicit relations with Suresh of village Jakhera. Suresh was the son -in -law of Subedar Singh, resident of village Navan Nagla, Police Station Moonda Pandey, District Moradabad. About three or four days before the occurrence, Arjun Singh and Subedar Singh brought Smt. Ram Shri from village Jakhera to the house of one of them Subedar Singh. When Phool Singh and his brothers came to know of it, they became very angry. A day before the incident, a Panchayat was held in this regard at the house of Anwar Hussain PW 5, resident of village Paipatpura, Police Station Munda Pandey, District Rampur. In the said Panchayat, Arjun Singh deceased denied that he had brought Smt. Ram Shri from village Jakhera. However, Phool Singh and those who had accompanied him insisted that Arjun Singh had brought Smt. Ram Shri from village Jakhera to the house of Subedar Singh. When the two sides started quarrelling, Anwar Hussain asked them to go away.