BIRA Vs. STATE

JUDGEMENT

(1.) SEVEN persons aggrieved by the judgment and order dated 16-4-1982 passed by VII Additional Sessions Judge, Aligarh in S. T. No. 277 of 1980, State v. Bira and Ors. , preferred this appeal under Section 374 (2) Cr. P. C. Out of seven appellants three namely Omveer, Ahmad Saeed and Suresh have expired during pendency of appeal and their appeal has abated vide order dated 18-7-2007. The remaining appellants namely Bira son of Saudan, Tara son of Munshi, Onkar son of Hira Singh, all resident of Kidhara police station Harduwaganj District Aligarh and Mohd. Shafi resident of Harduwa police station Harduwaganj have been sentenced by the trial Court to life imprisonment under Section 302/149 IPC and three years' rigorous imprisonment under Section 452 IPC. In addition to this, appellants Bira, Tara and Onkar have further been sentenced to seven years' rigorous imprisonment under Section 307 read with 149 IPC and one and half years' rigorous imprisonment under Section 148 IPC. Similarly Mohd. Shafi has further been sentenced to five years' rigorous imprisonment under Section 307 read with 149 IPC and one year's rigorous imprisonment under Section 147 IPC. The case relates to police station Harduwaganj District Aligarh and has arisen out of crime case No. 79 of 1980.

(2.) ACCORDING to the prosecution, about 5 to 6 years prior to the date of occurrence, an attempt was made on the life of Shishupal uncle of Jalsur. In that connection, appellant Tara, his brother Mahabir and father Munshi faced trial under Section 307 IPC and were held guilty and sentenced to four years' rigorous imprisonment by the Court of Session. In appeal, the conviction was maintained but sentence was reduced to two years. It is said that since then Munshi is absconding Appellants Tara, Bira and Onkar are related to one and another.

(3.) A report of this incident was lodged by Jalsur (P. W. 2) on the same day at 2. 15 a. m. at the police station which was there miles away. In the FIR the above incident was narrated and motive of the crime was also indicated. It was further alleged that this crime was committed in connivance with Rati Ram. Thus Bira, Tara, Onkar Singh son of Hira Singh and Rati Ram were named in the FIR aid it was mentioned that they were accompanied by 8-10 unknown male-factors whose faces had been seen and they could be identified by the witnesses. The incident was witnessed by informant Jalsur. PW-2 Shishu Pal P. W. 3, Bani Singh P. W. 4 besides others.