SHYAM BABU Vs. STATE

JUDGEMENT

(1.) Both the above mentioned criminal appeals arise out of the judgement and order dated 13-9-1979 passed by Sri D. S. Ram, II Addl. Sessions Judge, Etawah convicting and sentencing the appellants of life imprisonment u/S. 302/149, IPC, one year R.I. Under S. 148, IPC, two months S.I. u/S. 323/149, IPC. Appellant Ramakant was further convicted and sentenced to two years R.I. under S. 380, IPC. The accused-appellant Manni Lal and Baijnath were further convicted and sentenced to six months R.I. u/S. 147, IPC.

(2.) The accused Shyam Babu, Baijnath, Ram Babu, Manni Lal, Ramakant, Rajendra Singh and Mool Chand were charged under Ss. 148, 302, 149 and 23, IPC. Accused Manni Lal and Baijnath were charged under Ss. 147, 302, 149 and 323, IPC. Additional charge was framed against accused Rama Kant u/S. 380, IPC. The Sessions Trial No. 330 of 1976 Shyam Babu and six others u/S. 396, IPC and Sessions Trial No. 358 of 1977 were jointly tried on the application of the State counsel as the Sessions Trial No. 358 of 1977 and Sessions Trial No. 330 of 1976 arose out of the same transaction.

(3.) The prosecution story, briefly stated is that the deceased Mahendra Singh was Pradhan of Gaon Sabha Basaihar. He was the real brother of the informant-complainant Roop Singh P.W. 4. It is said that accused Ramakant Shukla and his partymen were displeased with the Gram Pradhan Mahendra Singh on account of matters relating to allotment of Gaon Sabha land and some litigation. The deceased-victim had initiated proceedings u/S. 122-B of the U.P.Z.A. and L.R. Act in the Tahsil against accused Ramakant Shukla and his associates. When Mahendra Singh deceased apprehended more danger to his life, he moved an application before the S.D.M. for proceedings u/S. 107, Cr. P.C. Notices in the case u/S. 107, Cr. P.C. were issued by the Court of the S.D.M. The deceased Mahendra Singh was doing Pairvi in the appeals of Gaon Sabha against Baijnath accused. It is said that on 17-6-1976 accused Rajendra Singh, Rama Kant and others had committed Marpit with deceased Mahendra Singh and his brother Niranjan Singh P.W. 3. An FIR was lodged by the deceased Mahendra Singh and a criminal case wasstarted against them. Litigation regarding to land was already continuing against Manni Lal accused. He was also, therefore, displeased with the deceased. On account of these litigations the accused persons had united themselves for committing the murder of Mahendra Singh and they had also given threats to kill him.