KISHAN LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) The present criminal appeal has been filed by the accused- appellants, namely, Kishan Lal S/o Bhola Nath, Bhola Nath S/o Sewa Ram and Veerpal S/o Rameshwar against the judgment and order of conviction and sentence dtd. 16/5/1989 passed by the learned Vth Additional District and Sessions Judge, Pilibhit in Sessions Trial No. 33 of 1988 (Kishan Lal and Others v. State of U.P.) arising out of Case Crime No. 338 of 1987, under Sec. 302 read with Sec. 34 I.P.C., Police Station- Bisalpur, District- Pilibhit.

(2.) By the impugned judgment and order of conviction and sentence dtd. 16/5/1989, the learned Vth Additional District and Sessions Judge, Pilibhit held the accused-appellants guilty and convicted them under Sec. 302 read with Sec. 34 I.P.C., sentencing each of them to undergo imprisonment for life. Aggrieved by the judgment and order dtd. 16/5/1989, the accused-appellants have preferred the present criminal appeal before this Court.

(3.) From the written report (Exhibit Ka-1), the prosecution case is that on the date of the incident, i.e. 23/10/1987, in the morning hours, the informant Ram Dayal (PW-5), along with his elder brother, Indal was returning on a bicycle after meeting Mool Chand, the Gram Pradhan of Village Gujranpur, which is situated 1/2 km away in the north direction from the village of informant. Indal was riding the bicycle, while the informant Ram Dayal (PW-5) was seated on the carrier. At about 10:00 a.m., when they reached the sugarcane field of Ramchandra Lal at Kulawa, the accused persons suddenly emerged from the sugarcane field. Accused Kishan Lal S/o Bhola Nath was armed with a sword; Bhola Nath S/o Sewa Ram, was armed with a kanta; and Veerpal S/o Rameshwar Dayal, was also carrying a kanta in his right hand. The accused Bhola Nath assaulted Indal with the kanta, proclaiming that they were taking revenge that day. The informant Ram Dayal (PW-5), after jumping from the bicycle, ran away raising alarm that his brother was being killed. Thereafter, all the three accused persons, acting with common intention and in furtherance of a pre-concerted plan, assaulted Indal with kanta and sword with the intention to cause his death. As a result of the said assault, Indal died on the spot and his head was severed from his body. Hearing the cries of the informant, Omkar and Ramlal, residents of the village, rushed to the spot and witnessed the accused persons committing the murder of Indal, brother of the informant. When they raised alarm and challenged the accused persons, they after leaving the dead body at the spot, fled towards the northern direction. It is further stated in the written report that Omkar S/o Bhola Nath was murdered in the year 1981, in which Indal, brother of the informant Ram Dayal was named as an accused. He faced trial in the said case and was convicted and sentenced to four years' imprisonment. His appeal was pending and he was on bail. On account of the said previous enmity, the accused persons committed the murder of brother of the informant.