BHUREY SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an appeal against the judgment and order dated 25 -1 -1982 passed by the VIth Additional Sessions Judge, Mainpuri in Sessions Trial No. 376 of 1981 by which he convicted two appellants Bhurey Singh and Shiv Nath Singh under Section 302, IPC and sentenced them to life imprisonment. Out of the two appellants, the appeal of appellant No. 1 Bhurey Singh stands abated as he has died during the pendency of the appeal.

(2.) ADMITTEDLY both the appellants were cousin brothers and they are named as accused in the First Information Report lodged by Chokhey Lal on 21 -5 -1981 at 8.15 p.m. at police out post Kusmara District Mainpuri. It was alleged that he alongwith his father Soney Lal, father in law Salik Ram and co -villager Anokhey Lal who were returning from Kusmara Bazar and when they reached near village Kainalner they were encountered by Bhurey Singh and Shiv Nath Singh who were armed with their licensed guns. Both the accused opened fire on Soney Lal killing him on the spot. This incident took place at about 6.30 p.m. On hearing the sound of firing, Ram Autar and Devi Deen also reached there. The culprits on seeing the witnesses and on being challenged ran away.

(3.) MOTIVE for commission of this crime as indicated in the First Information Report without further elaboration was old enmity. The evidence adduced by the prosecution in this regard however was that about twenty years ago in a property partition dispute between appellant Shiv Nath Singh and his uncle Bhikham, deceased Soney Lal had helped Bhikham to get the property. Another motive for the commission of this crime was an incident which took place a clay before in which the deceased had admonished two accused persons who were pressurising one Riyasat to give them money for buying “tari” (country liquor). No other enmity has been suggested by the witnesses.