HALKE @ GULAB Vs. STATE OF U.P

JUDGEMENT

(1.) The instant appeal is directed against the judgment and order dated 27.06.2002 passed by IInd Additional Sessions Judge, Mahoba in Crime No. 155 of 2000, Sessions Trial No. 141 of 2000, under Section 302 read with Section 34 Indian Penal Code, Police Station Ajnar, District Mahoba (Halke alias Gulab and two others v. State of U.P.), whereby the learned Additional Sessions Judge, Court No. 2 held appellants Halke @ Gulab Chandra, Santosh and Ram Saran guilty and awarded life imprisonment with a fine of Rs. 5,000/- each in default of which additional imprisonment of six months was also ordered.

(2.) According to F.I.R. and the statement of the witnesses of the prosecution, the facts of the case are that the complainant Sri Thakur Das (PW 1) with his son Sri Ram Swaroop (deceased) were coming from jungle (field) carrying fire wood on 18.07.2000 at about 01:30 p.m. When they reached near the house of Nandua Kachhi, accused persons namely Halke alias Gulab, Santosh, Ram Saran and Nand Kishore (Juvenile) intercepted them. Accused were armed with axe. Accused Sri Ram Saran exhorted other accused to kill father and son and then they all collectively assaulted Ram Swaroop with axe. Complainant and his son made hue and cry, hearing which the witnesses Sarve Shri Dau (PW 2), Veer Singh @ Biru (PW 3) and Shekhar came at the place of occurrence and witnessed the incident. Accused persons chopped off the head from the trunk of deceased Ram Swaroop. Complainant (PW 1) got scribed an application from Sri Nathu Ram, Exhibit Ka-1 and lodged it at Police Station Ajnar.

(3.) It is also alleged by the complainant that prior to this incident, a quarrel took place between the deceased Sri Ram Swaroop wherein son of accused Sri Ram Saran namely Sri Rajesh @ Rajo was injured. Accused-persons committed murder of complainant son Sri Ram Swaroop due to this enmity.