KAMTA AND OTHERS Vs. STATE OF U.P.

JUDGEMENT

(1.) Accused-appellants Kamta, Rajesh, Sanaullah and Virendra have preferred this appeal questioning the validity and sustainability of the judgment and order of conviction dated 11.02.1986 passed by IX-Additional Sessions Judge, Etah, in Sessions Trial No.131 of 1983, arising out of case crime no.209 of 1982 under sections 302/34 I.P.C., Police Station Jaithra, District Etah, whereby the accused-appellants have been sentenced to life imprisonment under Sec. 302/34 I.P.C.

(2.) Heard Sri Dileep Kumar, learned Advocate assisted by Sri Rajendra Pal Singh, Sri Y.K. Srivastava, learned counsel for the appellant nos. 1, 2, 3 and 4, Sri Awadesh Narayan Mulla and Sri J.K. Upadhyay, learned AGAs for the State and also perused the record.

(3.) The prosecution story as emanates from the record is based on first information report lodged by first informant Jaipal Singh son of Hawaldar Singh, resident of village Luhari Gavi, Police Station Jaithra, District Etah, on 21.12.1982 at 05 p.m. against the present accused-appellants for killing Mohan son of Hawaldar Singh and Chaman son of Ali Sher Khan, with the allegations that two months prior to the incident, Badri Badhai, resident of informant's village, had borrowed Rs.100.00 from the informant for domestic work. The day before yesterday, the informant sent his younger brother Mohan to Badri Badhai for taking back money. On being demanded money, Badri Badhai did not give him any money, instead some altercation took place between the informant's brother and Badri Badhai and his son Kamta, whereupon, Kamta threatened Mohan that he raised demand for payment within three days, he will not be spared. This episode was seen by Rajpal Singh and Kaptan Singh of the village.