ARVIND & OTHERS Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been preferred by accused appellants against judgment and order dated 7.2.1997 passed by 2nd Additional District and Sessions Judge, Jhansi in Session Trial No. 214 of 1991 ( State vs. Arvind and others ) convicting and sentencing appellants for the offence punishable under Section 302 IPC read with Section 149 IPC to undergo imprisonment for life and for the offence under Section 147 IPC for three months rigorous imprisonment. All sentences have been directed to run concurrently.

(2.) Facts of case, in nutshell, as unfolded by informant Rameshwar Prasad son of Laldiman Nayak in the First Information Report (in short 'F.I.R.'), are that on 4.10.1990 at about 9:00 a.m. his son Ayodhya Prasad had gone to graze cattle at haar (field) of village Nagra. One Arvind Nayak of said village went to his son and asked him to go with him to the village. On this, his son asked Lakhan Lal and Achhe Lal, who were also grazing their cattle, to see his cattle also and accompanied Arvind to visit village Nagra. Informant and his other son were going from village Nagra to their field and when at about 2.00 p.m. they reached near culvert Garha Ghat they saw that his son Ayodhya Prasad was being beaten by Arvind, Jay Prakash, Jeetu, Madan and Dinesh with fists and slaps. When informant and his son tried to save him, accused exhorted to kill them. With these words, they pressed face of informant's son in mud of culvert for a long time, consequently his son Ayodhya Prasad died due to suffocation. After the incident, accused fled away towards Varampura leaving his son in dead condition. Since Arvind had illicit relations with the daughter of Thakur Das and Ayodhya Prasad had disclosed their relations in village, accused have caused the incident due to said reason. Dead body was lying on the spot.

(3.) On the basis of the written report (Ext. ka-1), chik First Information Report (Ext. Ka-10) was registered at Police Station concerned on 4.10.1990 at 4.00 p.m. mentioning all details as had been disclosed in Ext. Ka-1. G.D. entry was also made at the same time as Ext. ka-11.