BIRESH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 17.12.1983 passed by the IInd Additional Sessions Judge, Sitapur in Sessions Trial Nos.49 of 1980 and 50 of 1980. Learned Trial Court had convicted the accused, Biresh Kumar, Laxman Singh, Habeeb, Kripa Lala, Bharat Singh and Anil Kumar for offence under Sections 364 and 302/149 I.P.C. Biresh Kumar, Anil Kumar, Habeeb and Laxman were also convicted for offence punishable under Section 148 I.P.C. Bharat Singh and Kripa Lala were further convicted for offence under Section 147 I.P.C. However, they were acquitted against charge under Section 201 I.P.C.

(2.) The learned Trial Court had sentenced the accused, Biresh Kumar, Laxman Singh, Habeeb and Kripa Lala, Bharat Singh and Anil Kumar twice to imprisonment for life with fine of Rs.200/- and in default of payment of fine, three months further rigorous imprisonment. Each accused were further sentenced twice by 10 years rigorous imprisonment with fine of Rs.200/- and in the event of non payment of fine three months additional rigorous imprisonment under Section 364 I.P.C. The accused, Biresh Kumar, Laxman Singh, Habeeb and Anil Kumar were sentenced to two years rigorous imprisonment under Section 148 I.P.C. and the accused, Bharat Singh and Kripa Lala were sentenced to one year rigorous imprisonment under Section 147 I.P.C. It was directed that all the substantive sentences would run concurrently as offences were committed in one transaction.

(3.) The prosecution story as emerges out from the record is that Rasool, P.W.-1 and his brother, Jumman Ali (deceased) and Ram Chandra (deceased) were resident of Village Dharampur, Police Station-Sadarpur, District Sitapur. Ram Chandra was friend of the deceased, Jumman Ali. Jumman Ali purchased 25 Bigha land from one Maiku Lodh. The accused, Bharat Singh resident of village Sujatpur wanted to buy that land. He threatened Jumman Ali and asked him to give up the land. Due to this land, there was enmity between the accused, Bharat Singh and the deceased, Jumman Ali. On 22.01979 at about 5:00 P.M., Jumman Ali, Ram Chandra, Rassol, Chhail Behari and Zaqi were going to Sujatpur to attend the village fare. At around 6:30 P.M. they reached near the Sujatpur Ghat. They found Bharat Singh, his sons Biresh Kumar and Anil Kumar, Habib, Kripa Lala, Laxman Singh and Chotta Singh sitting there. It was alleged that Bharat Singh was having a cane, Biresh Kumar was having a gun, Anil Kumar was having a pistol, Habib was having a pistol, Kripa Lala was having a stick, Laxman Singh was having a country-made pistol and Chotta Singh was having a stick. They charged towards the deceased, Jumman Ali and Ram Chandra and caught hold of them. Bharat Singh shouted that Jumman Ali and Ram Chandra should not get escaped. Rasool, Chhail Behari and Zaqi raised alarm and tried to rescue the victims but the accused threatened them with gun. The accused took Jumman Ali and Ram Chandra towards West. It was said that the Rasool, Chhail Behari and Zaqi ran towards Sujatpur and returned with several other persons. However, they did not find these two persons.