(1.) This criminal appeal has been filed against a judgement and order dated 31.3.1984 passed by learned Additional District and Sessions Judge, Mainpuri in Sessions Trial No. 209 of 1983, whereby the learned Judge convicted appellants Rajesh Kumar and Vipin Kumar under Sec. 302/34 Penal Code and sentenced them to life imprisonment.
(2.) However, by the same order, learned Judge acquitted accused Brijpal of the offence under Sec. 302/34 IPC.
(3.) In brief, the facts of the case are that a written report was handed over by the first informant Jhabbu Lal, son of Jograj Singh, resident of Kunjalpur (Sahara), police station Bhogaon, district Mainpuri to the effect that on 26.1.1983 at about 10.00 AM, he along with Chet Ram (deceased) and Dharam Singh were going from Bhogaon to Etah to match for his daughter. From Bhogaon, Rajesh Singh, Vipin, Brijpal Singh alias Lallan and one unknown person, to whom he can identify, boarded the bus from Bhogaon. Chheda Lal Dhobi, Dr. Shriram Shakya, resident of Bhogaon, Teeka Ram and Laxman, resident of Babina also boarded the bus from Bhogaon. At 10.15 AM, when bus reached in front of Bichhwa Inter College, Brajpal Singh alias Lallan got the bus stopped. Thereupon Rajesh Singh and Vipin got down. Rajesh Singh, with an intention to kill, fired at Chet Ram from outside the glass of window. In the meantime, Vipin came inside the bus and fired at Chet Ram. Thereafter, Brajpal Singh alias Lallan and unknown person also fired and fled. It is further alleged in the FIR that in addition to the aforesaid persons, the occurrence was also witnessed by all the passengers of the bus. Old enmity is alleged behind the occurrence. While being brought to hospital, Chet Ram succumbed to the injury.
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