CHUTUKU AND OTHERS Vs. STATE OF U.P.

JUDGEMENT

(1.) Both the aforesaid criminal appeals have been preferred against the judgment and order dated 24.1.1986 passed by Sessions Judge Banda in the Session Trial No. 305 of 1985 (State of U.P. Vs. Chhotuku Singh and five others), under Sections 147 I.P.C. and 302 read with Sec. 149 I.P.C. PS-Atarra, District-Banda, by which the appellants namely Chhotuku, Babu @ Rajendra Singh, Chandrapal Singh, Giyan Singh, Laltu Singh and Arjun Singh were convicted and sentenced to undergo two years of R.I. under Sec. 147 I.P.C. and sentenced to life imprisonment under Sec. 302/149 I.P.C. each.

(2.) Heard Shri Arvind Kumar Srivastav, learned counsel appearing as amicus curiae on behalf of appellants Giyan Singh and Arjun Singh, Sarvshree Mr. Rajrshi Gupta, learned Advocate, appearing on behalf of appellant Chhotuku Singh, Mr. C.P. Awasthi and Mr. S.C. Sahu, learned counsels, appearing on behalf of appellants Chhotuku Singh, Babu @ Rajendra Singh and Laltu Singh and Shri Mahendra Singh Yadav learned A.G.A. for the State and perused the record. During the pendency of the appeal, the appellant Chandrapal died and his appeal was abated vide order dated 5.11.2015.

(3.) The brief facts of the case are that first informant Kallu s/o Ramdi Chamar resident of village Tera informed the police station Atarra that he is ploughman of Indrapal. Indrapal was doing the work in his field of grove. Chhotuku s/o Bhura Singh, Arjun Singh s/o Kallu Singh, Babu @ Rajendra Singh s/o Brij Lal Singh Thakur, resident of village Atarra, reached there with lathi, farsa and started abusing Indrapal by saying that he had participation and complicity in the murder of Balbeer Thakur. All these persons started beating Indrapal, then wife of Indrapal and several other persons reached there. They made noise and began to shout, then these people ran away. Indrapal got injury in his head and body, due to which he was not speaking, and he has come to the police station with Indrapal in his bullock-cart. This incident took place at about 9 a.m. on 21.8.1984.