SITA AND OTHERS Vs. STATE OF U.P

JUDGEMENT

(1.) This appeal has been filed by the appellants Sita and Raja Yadav against the judgement of conviction and order of sentence passed by Sessions Judge, Azamgarh on 30.08.1983 in S.T. No. 146 of 1983 convicting and sentencing accused Sita for life imprisonment under section 302/34 IPC and five years RI, under section 307 IPC and appellant Raja Yadav for life imprisonment under section 302 IPC and five years RI under section 307/34 IPC. The appeal filed by Raja Yadav has been abated due to his death vide Court's order dated 22.02.2017.

(2.) The prosecution story in nutshell is as follows:

(3.) Mohan son of Moti Yadav lodged written report (Exhibit Ka-1) dated 24.08.1982 on the basis of which chik FIR (Exhibit Ka-3) was written at Police Station Jeanpur, District Azamgarh stating therein that there was a chak out land of Ram Naresh Singh and others, which is in front of the house of the first informant and others. Chak out land was purchased by first informant, Basant (deceased), Jhuri, Om Prakash, Barkhu and Smt. Atwaria on 23.08.1982 through registered sale deed. After registration of the sale deed all the vendors came back to their houses in the evening. Basant (deceased) after taking his meal was having stroll at his door at about 9.00 P.M. Accused Sita and Raja Yadav armed with spears and Mithai was armed with Lathi, a lantern was alighted at the door of the deceased Basant. After reaching at the place where Basant was strolling, accused Raja Yadav exhorted to kill Basant, who had dared to forcibly join the execution of the sale deed in respect of the land which was more beneficial to the accused. It is further alleged that accused Raja Yadav gave a spear blow to Basant. On alarm being raised by the first informant, witnesses reached the spot and at that point of time accused Sita gave a spear blow to the first informant which injured his right hand. Further allegation is that accused Mithai gave lathi blow to the Basant and the first informant. During the incident when villagers assembled on the spot, accused persons ran away giving threat of dire consequences. Basant immediately expired due to injuries inflicted on him.