PRATAP Vs. STATE OF U.P.

JUDGEMENT

(1.) Instant criminal appeals no. 118 of 1982 are preferred by the appellants Pratap Singh and Prakash and appeal no. 119 of 1982 by appellant Ragubir against the judgment and order passed by learned IVth Additional Sessions Judge, Mainpuri in Sessions Trial No. 68 of 1983 arising out of Crime No. 482 of 1982 dated 24.12.1983, whereby learned IVth Additional Sessions Judge, Mainpuri hold guilty to appellants under Section 302 read with Section 34 I.P.C. and sentenced all three appellants with life imprisonment.

(2.) The brief facts of the case are that the accused Pratap, Prakash, complainant and deceased are the resident of Village Garhiya, whereas accused Raghubir is the resident of Village Gaglai. Accused Raghubir is the brother in-law of accused Pratap (brother of the wife of accused Pratap).

(3.) Complainant Shri Ram Kishan submitted First Information Report (for brevity "F.I.R.") Exhibit Ka-1 pursuance of which check F.I.R. was recorded in the Police Station Sikohabad with allegations that in the intervening night of 12/13.11.1982 deceased Shri Kishan was sleeping in the hutment near his house and complainant Shri Ram Kishan was sleeping under the thatch outside of his house. Lantern were lightening in side the hutment and under the thatch. At about 11:00 p.m. complainant Shri Ram Kishan heard a voice coming from the hutment where Shri Kishan was sleeping that "where is Ram Kishan" and voice of Shri Kishan saying "how you are concerned with Ram Kishan". Hearing the voice complainant woke up and raised an alarm. Hearing the alarm witnesses S/Shri Babu Ram, Radhey Shyam, Vireshwar, Naipal Singh and Nawab Singh came near the complainant from where they have seen that accused Pratap and Prakash were pressing Shri Kishan and accused Raghubir fired upon Shri Kishan with his Tamancha (country made pistol) which he had at the time of occurrence. Hearing the alarm and noise accused persons ran away from the spot brandishing country made pistol/revolver. Complainant and witnesses did not chase appellant/accused due to fear. After fleeing of the accused from the spot, complainant and witnesses came at the hutment where they found that Shri Kishna had already died. Complainant and witnesses took off the dead body of Shri Kishan from the cot with rug and kept it on the ground. Complainant scribed application (F.I.R.) Exhibit Ka-1 and in the morning of 13.11.1982 placed it in the office of Police Station Shikohabad pursuance of which a check F.I.R. was recorded against the appellants.