BALDEO AND OTHERS Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been filed against the judgement and order dated April 3, 1982, passed by the learned Sessions Judge, Mathura in S.T. No. 155 of 1981, State Vs. Baldeo and two others , whereby the learned Sessions judge convicted appellant Tikam Singh under Sec. 302 I.P.C. and sentenced him to imprisonment for life and the remaining two appellants namely, Baldeo and Jagdish convicting under Sec. 326 read with Sec. 34 I.P.C. and sentenced them to R.I. for five years.

(2.) The prosecution story in brief is that informant Girish Kumar had a shop in Kosi on Shergarh Road. The mobil oil and tractor parts are sold on the said shop. The first informant Girish Kumar and Pappu used to sit at the shop. Appellant Baldeo is resident of same village where the first informant resides. Appellant Tikam is brother in law of Baldeo and resides in village Kamar situated at, some distance from the village of the first informant. Appellant Jagdish also resides in village Kamar. He is a friend of appellant Tikam. It is further case of prosecution that about a month before this occurrence the three appellants came to the shop of first informant in the noon and wanted to purchase a tin of mobil oil on credit. The first informant refused to sell the mobil oil on credit. The three appellants took away the tin forcibly and when Pappu tried to snatch the tin a "Marpeet" took place between the appellant Tikam and Pappu. Pappu, however, succeeded in snatching the tin. The three appellants went away saying that 'Dekhege'.

(3.) On 17.2.1981 informant Girish Kumar asked his brother deceased Pappu to reach the village after purchasing the vegetables and diesel oil for their "Atta Chakki." He also told the victim that he would follow him soon after the closing of the shop. Deceased Pappu left the shop and after half an hour the first informant Girish Kumar along with Narendra Kumar resident of his village started for home at about 6.45 p.m. When they reached near the well situated in village Subana, they found Pappu going ahead of them at a distance of about 100 steps. When deceased Pappu reached near the culvert the three appellants pounced upon him. Appellant Jagdish and Baldeo caught hold of Pappu and pulled him down from the cycle and appellant Tikam attacked Pappu with cutting knife. Seeing all this the first informant and his companions raised alarm and advanced towards the place of occurrence but the appellants succeeded in running away towards the west. This was witnessed by Kishan Chand and Shiv Ram. Deceased Pappu was alive at that time. The first informant sent for a tractor and proceeded with victim Pappu to Kosi Kala Hospital on a trolley, but before they could reach the Hospital Pappu succumbed to his injuries. On reaching the Hospital Pappu was declared brought dead.