RAJENDRA AND OTHERS Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Viresh Misra, Senior Advocate, assisted by Sri Amit Mishra, for the appellants, Sri Brajesh Kumar Yadav, A. G. A. , for State of U. P. and Sri Pravendra Kumar Chauhan, for the complainant.

(2.) Rajendra, Radhey Shyam and Jitendra sons of Sooraj Prasad (the appellants) have filed this appeal, against their conviction and sentence passed by Second Additional Session's Judge, Farrukhabad, dated 18. 01. 1986, in S. T. No. 527 of 1984, State vs. Rajendra and others, (arising out of Case Crime No. 115 of 1984, under Section 302/34 IPC, P. S. Mohammadabad, district Farrukhabad), convicting them under Section 302/34 IPC and awarding sentence of imprisonment for life.

(3.) On the basis of written complaint (Ex-Ka-1) of Om Chandra Pathak, FIR (Ex-Ka-14) of Case Crime No. 115 of 1984 was registered by Head Moharir Narottam Singh (PW-5) at PS Mohammadabad, on 18. 05. 1984 at 4:05 AM, against Rajendra, Radhey Shyam and Jitendra sons of Sooraj Prasad (the appellants). It has been stated in the complaint that first informant had an enmity with the accused and litigation between them was going on. In the night, he, his cousin Ram Gopal son of Dulare Lal, his sister-in-law Smt. Gyan Devi wife of Ram Gopal and Chhote son of Kailash Chandra were threshing wheat crops at the thresher of Ram Ratan. Gyan Prakash son of Ram Ratan was present at the tube-well. Electricity light was on at the tube-well. At about 2:30 AM, Rajendra and Radhey Shyam sons of Sooraj Prasad armed with axes and Jitendra son of Sooraj Prasad armed with gun came there from eastern side. They began to pull Ram Gopal, who was inserting chaff in thresher. Ram Gopal get rid of from them and began to run towards village in north. Then Jitendra opened gunshot which caused injury to Ram Gopal on back, due to which he fell down in the field of Ram Ratan. Then Rajendra and Radhey Shyam caused axes injuries to him. On their hues & cries and sound of the gunshot, Madan Gopal son of Ram Chandra, Fateh Chandra son of Ram Ratan, Deep Chandra son of Radhey Shyam, Ahe Lal son of Ranjeet Singh came on the spot. Aforesaid persons challenged the accused, then they ran away from the spot towards tube-well, leaving the axe in the head of Ram Gopal, while firing and threatening that at present, one person was killed in revenge of their brother. No body will be spared. If any one will become witness then he would also be murdered. Dead body of Ram Gopal was lying in the field.