RUPA Vs. STATE OF U P

JUDGEMENT

(1.) THIS prayer for bail has been preferred in Crl. Appeal No. 148 of 2004 against the judgment dated 5.1.2004 passed by the Addl. Sessions Judge, Court No. 4, District Mathura, in ST No. 106 of 1995, convicting and sentencing the appellants to impris ­onment for life and a fine of Rs. 10,000/ -each under sections 302/34 IPC.

(2.) HEARD Sri Brijesh Sahai, learned Counsel for the appellants and the learned AGA.

(3.) THE prosecution case was that on 25.10.1994 at about 4 p.m. a report was orally lodged by Kishori Lal at PS Kotwali, Mathura, alleging that he was - involved in some land dispute with his co -villager, Rupa. For the purpose of attending the Court on the date fixed, his brother Suna -hari Lal, Ganga Prasad and Moti Ram hac gone to Mathura. After the date in Court the four were proceeding on a three -wheeler towards the bus stand. The three -wheeler was being followed by a motorcy ­cle by three persons - Rupa, Ghanshyam and Jaipal - who were riding on a motorcy ­cle. The informant had to visit his sister in Hathras and his brother and brother -in -law were going along with him to drop him at the Cantt. Railway Station. When the three -wheeler reached the godown the appellants arrived there on the motorcycle and they cried out that Sunahari was doing exces ­sive 'pairvi' in the case and he should be done away with. Then Rupa and Ghanshyam caught hold of Sunahari (the brother of the informant) and fired on his head. Then all the three fled on the motor ­cycle which was driven by Jaipal.