RAM SEWAK Vs. STATE

JUDGEMENT

(1.) Heard Mr. Dileep Kumar, learned Senior Counsel assisted by Mr. Rajarshi Gupta, learned counsel for the appellants; Ms. Manju Thakur, learned AGA-I on behalf of State and perused the trial court record.

(2.) The instant criminal appeal has been preferred by the appellants Ram Sewak and Jabar Singh against the judgment and order dtd. 28/3/1989 passed by Second Additional Sessions Judge, Etawah in Sessions Trial No. 179 of 1987 whereby the learned trial court has convicted and sentenced the appellants under Sec. 302 IPC read with Sec. 34 IPC for life imprisonment.

(3.) The facts in brief as contended in the FIR are that the PW-1 namely Man Singh son of Nathuram/informant lodged an FIR at Police Station Ikdil, District Etawah, stating therein that his maternal uncle Bhajanlal Sharma (hereinafter referred to as deceased), Principal of Higher Secondary School, Kilo Sultanpur, Village Mahnepur had enmity regarding the land with appellant no. 1/Ramsevak S/O Birbal Pal of the same village. Due to that enmity, the said village Pradhan, Ramsevak, was looking for an opportunity to kill the deceased. On 8/6/1987 at about 8:00 am when the deceased along with Mansingh of Village Mahnepur/PW-2, Virendra Singh Lodhi Rajput/PW-3 as well as informant/PW-1 were going to Etawah market. As soon as all of them reached at the Bambay turn in front of Village Manikpur Mikhan, appellant no. 2, namely, Jabar Singh, who belongs to the same village, came from their back side on a Bullet motorcycle bearing No. UHK 2634 along with appellant no. 1/Ramsevak Pradhan, who was pillion rider. The appellant no. 1/Ramsevak, was holding a double barrel 12 bore gun in his hand. A little ahead of the turn, Jabar Singh stopped the motorcycle and said, what are you waiting for now Pradhan ji, when will you get a better opportunity than this to kill the deceased. On the aforesaid exhortation the appellant no. 1/Ramsewak started firing at the deceased with his gun with the intention to kill him. Jabar Singh also took out his pistol and started firing. Both of them riddled the deceased's body with bullets, due to which he succumbed on spot. Due in fear of guns, all of them hid in a nearby ditch to save their lives and watched the entire incident.