PRABHU AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) Present criminal appeal has been preferred, against the judgment and order dated 06.01.1986 passed by Vth Additional Session Judge, Agra in S.T. No. 535 of 1983, Police Station Fatehur Sikari, District Agra arising out of case crime no.126 of 1982 whereby the appellants have been convicted and sentenced to life imprisonment under Section 302/34 IPC.

(2.) Pertinent to mention that in this case appeal was initially preferred by four appellants, Prabhu, Ram Ji Lal, Vinod and Bhika but appellant nos.1 and 2 Prabhi and Ram Ji Lal died during pendency of this appeal therefore, their appeal stood abated vide order of this Court dated 11.01.2016. Now this appeal is confined to only the two surviving appellants nos.3 and 4 Vinod and Bhika.

(3.) Fact germane for this appeal as discernible from record appears to be that first informant Jwala son of Tota Ram, resident of Village Aulenda, P.S. Fatehpur Sikri, District Agra lodged a written report at Police Station Fatehpur sikri on 10.09.1982 at 9.15 p.m. regarding the incident of murder of his son having taken place in the intervening night of 9/10.09.1982 at about 4.30 in the morning. It was informed by the informant that some dispute regarding partition of property was existing in between the informant and his two brothers Prabhu and Ram Ji Lal. Two days prior to the incident on 08.09.1982 his brother Prabhu in the presence of Cunni Singh Thakur of his village and Rameshwar (the brother in law of deceased Vasudev) said to his wife Mahadevi for settling the dispute else Vasudev would have to face consequences. Today in the intervening night of 9/10.09.1982, the first informant along with his son Vasudev went to plough his field, his son was ploughing his field while the first informant was sitting on the 'merh' (elevated border/ path of field). It was moonlight at around 4.30 a.m. when his son was busy in ploughing field, the accused persons Prabhu, Ram Ji Lal possessing Lathi and Vinod possessing knife and Bhika possessing Farsa (axe like weapon) arrived at the spot and began to assault him by saying that the deceased is alone at lonely place and he can be killed. Informant Jwala and his son Vasudev raised alarm whereupon Keshav Dutt son of Tunda, Damodar son of Girraj, Gajadhar son of Karan Singh arrived at the spot and challenged the assailants, who made their escape good wading through pearl millet (Bajra) field. Vasudev succumbed to his injuries on the spot. Dead body of deceased was taken back to village and thereafter the first informant came to the scribe of the FIR Triloki Nath Sharma son of Banwari Lal Sharma got written the FIR and lodged the report at P.S. Fatehpur Sikri on 10.09.1982 at 9.15 a.m. The written report is exhibit Ka-1 on record.