RAM PRAKASH Vs. STATE OF U.P.

JUDGEMENT

(1.) Appellants Ram Prakash, Prag Singh and Sukhveer Singh have assailed the judgment and order dated 10.12.2002 passed by the then Additional Sessions Judge, Fast Track Court No. 1, Etah against the common judgment in Sessions Trial No. 730 of 2001 (State of U.P. Vs. Ram Prakash and three others) arising out of Crime No. 111 of 2001 under Sections 147, 148, 302/149 IPC, Sessions Trial No. 728 of 2001 (State Vs. Prag Singh) arising out of Crime No. 120 of 2001 under Sec. 25 Arms Act and Sessions Trial No. 729 of 2001 (State Vs. Sukhveer) under Sec. 25 Arms Act arising out of Crime No. 121 of 2001, Police Station (P.S.) Rijor, District Etah whereby appellants Ram Prakash, Prag Singh and Sukhveer Singh were convicted under Sections 147, 148 and Sec. 302 Penal Code read with Sec. 149 Penal Code and sentenced to rigorous imprisonment (R.I.) of one year, R.I. Of two years and life imprisonment with fine of Rs. 2000.00 respectively each with default stipulation.

(2.) Co-accused Suresh was acquitted under Sections 147, 148, 302/149 Penal Code by the same impugned judgment. Appellants Prag Singh and Sukhveer Singh were also acquitted under Sec. 25 Arms Act.

(3.) Prosecution story in brief is that one Tikender son of appellant Ram Prakash had committed suicide three years prior to the incident of this case. Ram Prakash believed that his son Tikender had been impelled to commit suicide by the witchcraft and sorcery employed by Bhagwan Singh (P.W. 2), thereby developing animus against him. Complainant, Mahaveer Singh (P.W. 1) a relative of Bhagwan Singh had the knowledge of this animus, therefore, some steps were taken for the security of Bhagwan Singh. Deceased Raghuveer Singh, brother of complainant Mahaveer Singh (P.W. 1) and another deceased Lallu Singh started to sleep at the residence of Bhagwan Singh which further infuriated appellant Ram Prakash.