SAINSAR PAL Vs. STATE OF U P

JUDGEMENT

(1.) Sainsar Pal, son of Kali Ram resident of village Loni, P.S. Baraut, Distt. Meerut has filed this appeal against his conviction u/ss. 302 and 452 I.P.C. and sentence of life imprisonment and 2 years RI. respectively recorded by Sri G.R.S. Tandon, VII, Additional Sessions Judge, Meerut by his judgment and order dated 30th May, 1978 in Sessions Trial No. 458 of 1977.

(2.) Alongwith the appellant, Jaibir, Ziley Singh and Smt. Vidya were also tried but they were acquitted by the trial court. In this case Smt. Jaswanti d/o Hans Raj lost her life whereas her father Hem Raj and mother Jai Devi had received injuries.

(3.) The case of the prosecution is that Kali Ram, the father of Sainsarpal appellant was murdered about 16 years back prior to the occurrence and Smt. Anaro, Hem Raj P.W. 1, Ratan Singh (P.W. 5) and Ram Kishan were prosecuted and they were convicted and sentenced by the trial court. However, in appeal Hem Raj and Smt. Anaro were acquitted but the rest were sentenced to undergo 5 years RI. at the time when Kali Ram was murdered, Sainsarpal was aged about 2 or 3 years. The motive suggested by the prosecution is that there was deep-seated enmity between the parties which resulted in the murder of Smt. Jaswanti and injuries to Him Raj and Smt. Jaidevi.