SHASHI ALIAS SATENDER Vs. STATE OF U P

JUDGEMENT

(1.) TWO appellants Shashl alias Satender and Ram Pal have been convicted under Section 302 read with Section 34, I.P.C. and sentenced to life imprisonment in Session Trial No. 186/81 by the Court of Ilnd Additional Sessions Judge, Bulandshahr. The F.I.R. and the evidence led in the case shows that one Tej Pal Singh owned 54 bighas of agricultural land at village Ahmad nagar, P.S., B. B. Nagar district Bulandshahr. Deceased Digamber Singh was the son of Tej Pal Singh. The appellant Shashi alias Satender is the son of Digamber Singh. Appellant No. 2 is said to be the friend of Shashi alias Satender appellant No. 1.

(2.) THE prosecution case is that the appellant Shashi alias Satender was naughty person. He was separated from the family after giving him 18 bighas of land for cultivation. THE remaining land out of 54 bighas was kept joint for Digamber Singh (deceased), his father Tej Pal Singh and the informant Gyanendra (P.W. 1). It is alleged that Digamber Singh had negotiated for selling 5 bighas land to one Bheem Singh. Appellant Shashi was annoyed. It is said that the land was to be sold on 23.2.81 but on account of advocates strike the same could not be executed and its execution was postponed to 24.2.81. In between 23/24.2.81 between 11.00 and 12.00 in the night. Digamber Singh (Deceased), his father Tej Pal Singh and the informant Gyanendra (P.W. 1) were present at their tube-well which is situated at a distance of one furlong from the abadi of the village. THE complainant was a student and on that hour in the light of tubewell on a pole, he was reading. Digamber Singh (Deceased) was lying near him when appellants Shashi and Rampal armed with boori and knife respectively came and assaulted Digamber Singh with boori and knife. THE complainant ran away towards the village on seeing the occurrence raising alarm. In the course of assault, Tejpal Singh had tried to save and intervene and he was also assaulted by the weapons of the appellants. He had received injuries. It was a night hour. THE informant could not go to the police station for lodging the report immediately. On the next day at about 9.30 a.m., Gyanendra (P.W. 1) reached the police station and lodged the F.I.R. which have been proved and marked as Ext. Ka-4.

(3.) THE prosecution adduced evidence of P.W. 6, Ishwar Dayal Tyagi, the Investigation Officer.