BRIJESH AND ANOTHER Vs. STATE OF U.P.

JUDGEMENT

(1.) Two appellants have assailed the judgment and order dated 26.2.1983 passed by the then Sessions Judge, Banda in S.T. No. 414 of 1982 (State Vs. Santosh Singh and others) arising out of Crime No. 57 of 1982 under Sec. 302 read with Sec. 34 I.P.C., Police Station (P.S.) Bisinda, District Banda whereby Trial Judge convicted the appellants Brijesh Singh and Phullu Raliha and sentenced to undergo imprisonment for life.

(2.) Co-accused Santosh Singh and Mangal Singh has been given benefit of doubt and acquitted for the same offence by the aforesaid impugned judgment.

(3.) Prosecution story in brief is that appellants were residing in a village Punahur along with deceased Ramdhani. It is alleged that one Brij Bhushan was murdered some six years prior to the present incident along with Lallu. Brij Bhushan was father of appellant Brijesh Singh and two other accused Santosh Singh and Mangal Singh. Their associate Phullu Raliha was the brother of Lallu. A prosecution was launched wherein complainant of this case Gajraj, deceased Ramdhani and certain others were made accused. However, after trial they were all acquitted some three years prior to the present incident.