MAHESHWARI Vs. STATE OF U P

JUDGEMENT

(1.) The appellants have been convicted and sentenced for life under section 302 read with section 34 of the Indian Penal Code. They feel aggrieved; hence this appeal.

(2.) The place of occurrence was a field of one Mania in village Bara Dera Behuni Kalan within the jurisdiction of the Police Station Muskara. The distance between the place of occurrence and the Police Station was about four miles. The occurrence is of 3rd February 1977, time being about 2.30 pm. The first information report was lodged at about 4.30 p.m.

(3.) Mahipat (P.W. I) the father of the victim Badri, who was aged about 22 years, lodged the first information report. This was a scribed report, the writer being one Bala Prasad. The appellants No.1 and 2, namely, Maheshwari and Raja Ram are real brothers and the appellant No. 3 Babbu alias Babu is a cousin of the appellants No.1 and 2. The allegation was that Maheshwari, the appellant No. 1, was armed with a spear (Bhala), the appellant No. 2, Raja Ram, was armed with a lathi and the appellant No. 3 Babbu, was armed with a Pharsa (Sharp edged weapon). It was alleged that all the accused wielded their weapons in bringing about the death of Badri.