JAIKARAN AND ANOTHER Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri K.P. Shukla, learned counsel for the appellant no. 2 Prema and the learned A.G.A.

(2.) The present appeal is directed against a judgment and order of Sri Pitamber Singh, the then Additional Sessions Judge-III, Hamirpur dated 03.03.1990 in Sessions Trial No.185 of 1988 (State Vs. Jaikar and others) convicting the appellants Jaikaran and Prema for the offences punishable under Section 302 and 307 IPC, both read with Section 34 IPC and sentencing them to suffer imprisonment for life and five years' rigorous imprisonment, respectively. Both the sentences have been directed to run concurrently.

(3.) The prosecution case as unfolded in the written report handed over by Lakhan Singh (P.W.-1) is that on March 28th, 1988 at about 2:00 PM, two sons of Pahalwan Singh namely Shailendra Singh and Juggan Singh resident of village-Kahra, Police Station-Kabrai, Hamirpur were in their house when one Vinay Kumar son of Munna Tripathi came to call them to play outside and took them to the 'Well' situated near their house. Prema and Jaikaran, the accused appellants sons of Bhagwandin resident of the same village were present near the 'Well' carrying 'Ballam'. They took the children near the boundaries of the 'Well' on the pretext of showing snake inside it and Jaikaran on the asking of Prema pushed both the children into the 'Well' by holding their hands. Shailendra Singh, elder son of Pahalwan Singh was taken out dead from the 'Well' whereas the younger one Juggan Singh was in unconscious state. The first informant accompanied by Juggan Singh (survivor) and neighbours Ran Vijay Singh and Smt. Ramrati wife of Natthu Singh had gone to the police station to lodge the report. As per the report, the incident was witnessed by Dragpal Singh son of Raja Bhaiya Singh and Natthu Dhobi son of Durga Dhobi both residents of village Kahra. Further, at about 2:30 PM, the accused/appellants were seen running towards the village by Chunubad Kumhar son of Pancha Kumhar. The motive for committing the crime has been described in the report as that about one month back, a theft had occurred in the house of Pahalwan Singh whereupon he confronted the accused Jaikaran and his brothers with his suspicion. Consequently, a 'Panchayat' was held in the village wherein both the sides took oath of their children to prove them being truthful. In order to prove that the oath taken by Pahalwan Singh was false, his both children have been pushed into the 'Well' with an intention to cause their death in a planned manner. It was lastly mentioned that the accused had committed crime in a conspiracy with their brother Sobaran @ Sheo Baran out of old animosity between the families. The first information report was lodged on 28.1988 at about 7:00 PM on the written report scribed by Gulab Singh son of Kallu Singh on the dictation of the first informant Lakhan Singh. The first informant Lakhan Singh son of Sri Natthu Singh is brother-in-law (wife's brother) of Pahalwan Singh.