RISHI PAL AND OTHERS Vs. STATE

JUDGEMENT

(1.) By way of instant criminal appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 06.06.1991 passed by IV-Additional Sessions Judge, Bijnor, in Sessions Trial No.385 of 1989 State of U.P. Vs. Rishi Pal and others, arising out of Case Crime No.122 of 1989, under Sections 302/149 IPC, Police Station- Shivala Kalan, District- Bijnor, whereby the appellants have been sentenced to life imprisonment under Sec. 302/149 IPC.

(2.) Heard Sri Veer Singh, learned counsel for the appellants, Sri Saghir Ahmad assisted by Sri J.K. Upadhyay, learned AGAs, Smt. Manju Thakur, brief holder for the State and perused the record of this appeal.

(3.) The prosecution story unfolded by the first information report reveals that the informant Smt. Kailasho niece of Sukhram, resident of Village Yusufa, Police Station Shivala Kalan, District Bijnor lodged the report at Police Station Shivala Kalan, District Bijnor on 22.08.1989 at 10:40 a.m. against the present appellants Rishi Pal, Mangla and Omi along with others, for causing death of her maternal uncle Sukhram, the same day around 8:00 a.m. in the village Yusufa within the same police station with the allegations that the deceased Sukhram was taken away by Om Pal Singh son of the informant's elder maternal uncle on 22.08.1989 around 8:00 a.m. for contacting Rajendra Singh in Meerut in connection with some employment. As soon as both of them arrived at the crossing of chak road of the village - lying one kilometer away to the southern side of the village - the present appellants along with several persons appeared on the scene from behind bushes. Om Pal gripped the deceased Sukhram. Omi and Rishi Pal fired on him and Mangla gave 'Dati' blow and the other co-accused also played their respective role. Sukhram raised alarm whereupon the informant's son Brahmpal, her brother Om Prakash, Ram Singh and the informant herself arrived on the spot. The accused threatened them of dire consequence and disappeared in the bushes. It has been mentioned in the ending part of the written report that the deceased Sukhram was living with the informant as he had no wife and no issue and was willing to give his share to the informant. Due to aforesaid fact, the assailants killed her maternal uncle. Request was made for lodging the report and taking appropriate action. The written report is Ext. Ka-1.