ABHAY PAL Vs. STATE OF U.P.

JUDGEMENT

(1.) The present Criminal Appeal No. 457 of 2011 has been filed by appellants Abaipal, Dharmapal and Yuvraj all sons of Raj Pal Sharma and Criminal Appeal No. 78 of 2011 has been filed by appellants Raj Pal Sharma, Raj Bahadur and Pawan against the common judgment and order dated 29.11.2010 passed by Addl. Sessions Judge, Court No. 2, Bulandshahr in Sessions Trial No. 1028 of 2009, State Vs. Pawanothers arising out of Case Crime No. 262 of 2009, whereby all the appellants have been convicted for the offence punishable under Sec. 302 read with Sec. 149 Penal Code and awarded the sentence of life imprisonment and a fine of Rs. 20,000.00 and in default of payment of fine to undergo six months additional imprisonment. Appellants Abhay Pal, Yuvraj and Dharampal have further been convicted under Sec. 148 Penal Code and awarded the sentence of one year and six months imprisonment whereas the appellants Pawan, Raj Bahadur and Raj Pal Sharma have been convicted under Sec. 147 Penal Code and awarded the sentence of one year rigorous imprisonment. All the sentences have been directed to run concurrently.

(2.) From the perusal of the record, it transpires that the appellant No. 1 Rajpal Sharma, has expired during the pendency of appeal as such the appeal qua appellant No. 1 in Criminal Appeal No. 78 of 2011 stood abated.

(3.) The prosecution case as unfolded in the written report of P.W-1 first informant Surendra Kumar marked as Exbt. Ka-1 is that on 16.2009 at about 8 P.M, appellants Pawan and Raj Bahadur sons of Raj Pal Sharma along with Chandrapal Sharma son of Som Prakash came to his shop and stated that in their village-Akarwas there is a dispute between them in respect of joint possession of a land and requested him to accompany them to his village, so that the dispute could be settled. It is further stated that the first informant alongwith his elder brother and one Raj Pal Sharma son of Bal Mukund, Rajesh Kumar Gaur and Ajay Kumar Bhardwaj reached at village-Akarwas, however, as soon as they reached there Pawan and Raj Bahadur stated to his brother Ajay Pal, Dharampal and Yuvraj and father Raj Pal Sharma that Chairman Ashok is a well wisher of Surajpal and is not permitting them to take possession over the plot. On the instigation of Raj Pal, his brother Ashok Kumar was attacked by Abaipal, Yuvraj and Dharampal by axe and farsa whereas Pawan, Raj Bahadur and Raj Pal beat him with lathi and danda. Raising alarm, an attempt was made to rescue his brother, however, the assailants continued to mercilessly beat his brother till he fell down on the ground and thereafter left the place of incident threatening them. The said incident is alleged to have taken place at the doorstep of the assailant Rajpal at about 10:45 P.M. in the night. It is further stated that the first informant along with his associates brought his brother Ashok at Debai Hospital where the doctors declared him dead and his dead body is kept at the hospital.