HARPAL Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal was filed against the judgment and order dtd. 29/11/1985 passed by the VIth Additional Sessions Judge, Meerut, in Sessions Trial No.318 of 1984 (State vs. Harpal & Ors.) whereby the appellants have been convicted under Sec. 307 read with Sec. 34 IPC and sentenced to four years' rigorous imprisonment.

(2.) It is to be noted that by order of this Court dtd. 19/11/2025, this appeal was declared abated against the appellant no.1-Harpal, as the said appellant was reported to be dead.

(3.) In brief, the prosecution's case is that PW-2 Charan Singh submitted a written complaint (Ex. Ka-2) on 8/2/1984, against Harpal (s/o Inder), Hoshi alias Hosh Ram (s/o Harpal Singh), Rautas (s/o Tej Ram), and Kamal Singh (s/o Raidasi), all residents of village Gadina, PS Mowana, District Meerut. The complainant alleged that on the morning of 8/2/1984, at approximately 10:00 am, his brother PW-3 Hari Singh was attacked by the accused while preparing to irrigate his fields. The assailants arrived shouting that they had found the right opportunity to kill Hari Singh. Accused Hoshi was armed with a spade, Harpal carried a balkati (a weapon sharp on one side and blunt on the other), while the other two carried sticks. Upon hearing PW-3 Hari Singh's cries for help, the informant PW-2 Charan Singh, along with PW-5 Chhatra and Pitam, reached the scene and rescued him.