BADRI AND OTHERS Vs. STATE OF U.P.

JUDGEMENT

(1.) The four appellants before us have been convicted and sentenced to undergo Life Imprisonment along with Rs. 10,000/- fine each and in default thereof to undergo ten months' further imprisonment in Sessions Trial No.124 of 2008 arising out of Case Crime No.556 of 2008, Police Station Charkhari, district Mahoba for having committed the murder of Ishwar Das, his son Bhanu Pratap and Smt. Ram Devi wife of Ishwar Das .

(2.) The appellants have also been further convicted under Sections 452 and 404 I.P.C. for which they have been awarded additional punishment and fine as per the impugned judgment dated 26.11.2010 of the learned Additional Sessions Judge, Court No.1, Mahoba.

(3.) The first information report was lodged on 14.04.2008 by Atroop Singh, the son-in-law of the deceased. The informant is a resident of village Jararwar, district Hamirpur. In the written report tendered by him he has stated that his father-in-law, mother-in-law and brother-in-law have been murdered in the intervening night of 13/14.04.2008 about which he received information on telephone from one Ram Singh of village Gaurhari where his in-laws used to reside. He has further disclosed that there was a land dispute between the appellant Badri and his real brother, the deceased Ishwar Das . It further recites that in his greed to have the share of the land of all the three brothers, the appellant Badri had previously murdered his unmarried brother Chotey Lal and has substantially sold off his share of the landed property. It is because of this greed that the appellant Badri along with his son Ram Naresh, his brother-inlaw Govind resident of village Karmer, district Jalaun and his son-in-law Pravesh Kumar resident of village Mavayee, (Rath), district Hamirpur committed the murder of the three deceased at night. They were seen by one Ravindra son of Rameshwar together. Ishwar Das was murdered in the cattle shed across the lane of his house whereas Ram Devi and Bhanu Pratap were murdered inside the house which is reflected in the site-plan. This murder has been committed only with a view to usurp the property of the family and after having committed the offence Badri along with his family has absconded. The informant further narrates that he therefore believed that on account of this lust for property that the murder had been committed by the appellants in a well planned manner and they had also taken-away along with them the motor-cycle and Mobile Phone of the deceased Bhanu Pratap.