SURENDRA ALIAS SUNDA Vs. STATE OF U P

JUDGEMENT

(1.) Present Criminal Appeal has been preferred by Surendra alias Sunda and Bhagat Singh against judgment and order dated 05.02.1983 passed by Vth Additional Sessions Judge, Mathura in Session Trial No. 202 of 1982 whereby present appellant and one Bhagat Singh, died during pendency of appeal, have been convicted for the offence under Sections 148, 302 IPC read with Section 149 I.P.C. and sentenced for two years rigorous imprisonment for the offence under Section 148 I.P.C. and imprisonment for life for the offence under Section 302 read with Section 149 I.P.C.. Both sentences were directed to run concurrently.

(2.) At the outset, it is made clear that during pendency of this appeal appellant No.2 Bhagat Singh has expired and vide order dated 18.4.2012, appeal in respect of appellant No.2 Bhagat Singh has been abated. Hence, Court is proceeding to decide the appeal in respect of appellant Surendra @ Sunda.

(3.) Prosecution story, in nutshell, as unfolded in written report (Ext. ka1) dated 29.06.1982 by informant P.W. 1 Megh Singh is that a litigation between Ramji Lal and Narayan Singh regarding boundary of agricultural land (mendbandi) and also damaging of chak road was going on. Informant's brother Gopal was witness from the side of Ramji Lal in the said litigation and had also deposed against Narayan Singh etc.. Due to that reason Surendra alias Sunda son of Narayan Singh and his associates were having enmity with Gopal. In previous night, informant and his brother were sleeping at his hut in the field on their cots and a lantern was enlighting there. In the night at about 12 p.m. Surendra alias Sunda son of Narayan Singh and Bhagat Singh (since died) son of Ram Das along with their associates in total seven to eight persons armed with lathi, ballam and chaku (knife) came at the hut. They were identified by informant in lantern light. Surendra was armed with ballam and Bhagat Singh was armed with knife. Surendra, Bhagat Singh (since died) and two other persons caught hold Gopal and stated that "he is Gopal, kill him". Three to four persons overpowered the informant. Accused Surendra and Bhagat Singh (since died) started beating the deceased with knife and ballam. When informant and deceased made hue and cry, Mohan Singh son of Shankar Singh, Jaipal son of Edal Singh and other people, who were present in nearby huts, by flashing their torches reached there and saw the incident. It is also mentioned in written report that informant and other witnesses reached at the place of occurrence saw the accused persons in light of lantern and torches and also identified them. It is also mentioned that unknown accused can be identified/recognized when one to one. All the accused ran away towards northern side in forest causing several grievous injuries on head, mouth and chin of deceased. Informant and other persons took deceased on cot in village concerned at dispensary of Dr. Chandrakant but he died there. It is further mentioned in written report that leaving dead body of deceased at dispensary of Dr. Chandrakant informant came to police station concerned and made prayer for registering case.