RAGHUBIR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) I. P. Vasishtha, J. The instant ap peal is directed against the judgment of conviction dated 2-8-1979 and its cor responding order of sentence dated 3-8-1979 passed by Sri K. K. Verma the then IVth Additional Sessions Judge, Hardoi requiring the appellants Raghubir Singh and Munnu Singh to undergo life im prisonment for an offence punishable under Section 302 of the IPC; appellants Sibba Singh and one Barey Singh (since deceased) were to serve life imprisonment under Section 302 read with Section 34, I. P. C. All the appellants alongwith the aforesaid Barey Singh were further called upon to serve rigorous imprisonment for 3 months for an offence punishable under Section 24 of the Cattle Trespass Act; the sentences were, of course, to run concur rently.

(2.) ACCORDING to the prosecution the appellants are brother 'inter se' Barey Singh was their near collateral, they are agriculturists and residents of village Dhaniamau. Similarly the complainant party represented primarily by P. W. 1 Shiva Nandan also belongs to the same village and are agriculturist by occupation. The deceased Ram Asrey and Raghubir were their collateral and they too were engaged in the same vocation. The parties held their fields almost adjoining with each other on the out skirts of their village.

(3.) FEARING further farm to them at the hands of the appellants who were carrying fire-arms, the complainants did not chase them, Rather, Shiv Nandan immediately rushed to his home and on drafting the complaint Ext. Ka-1 walked down to the Police Station Harpalpur situated at a dis tance of about 8 miles on reaching the Police Station he handed it over to the Moharrir Sharda Prasad who recorded the formal F. I. R. Ext. Ka-2 on the basis there of. Corresponding entry was also made in the G. D. at 9. 45 a. m.