LAWS(ALL)-1998-2-14

PUTTU Vs. STATE OF U P

Decided On February 03, 1998
PUTTU Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) N. S. Gupta, J. Seven accused per sons, namely, Puttu (A-l), Har Pal (A-2), Maiku (A-3), Budhi (A-4), Kalktor (A-5), Raj Pal (A-6) and Bankey (A-7) who were convicted under Sees. 302/149,1. P. C. and accused appellants Puttu, Har Pal, Maiku, Kalktor and Rajpal were convicted under Section 148 and Budhi and Bankey under Sec. 147,1. P. C. and were sentenced to un dergo life imprisonment under the first count and two years' R. I. and one year's R. I. respectively under the second count, as per judgment and order dated 31st March, 1980 passed by Sri Daya Shankar, the then VII Additional Sessions Judge, Shahjahanpur, have come up in appeal before this Court.

(2.) THE prosecution story, briefly stated is as follows: Accused appellants Puttu and Harpal are real brothers. Similarly Maiku, Budhi and Kalktor are real brothers. THEse five accused appellants were resi dent of village Barai hamlet of village Bans Khera P. S, Paraur District Shahjahanpur. Accused appellants Rajpal and Bankey were related as uncle and nephew respec tively. THEy belonged to village Bhuria P. S. Paraur District Shahjahanpur. Com plainant Bahar Singh P. W. 1, Dharma Singh P. W. 2 and the deceased Nawab were resident of village Bhuria P. S. Paraur Dis trict Shahjahanpur. Natthu P. W. 3 was resi dent of a nearby village Phena. THEy had their cultivation in village Bhuria. THE prosecution claimed that the fields of vil lage Bhuria were situated towards north and south of river Bhagel. To the south of this river beyond the field area, there was the Abadi of village Bhuria. Towards north of this river Bhagel beyond the fields, there was the Abadi of village Bans Khera. To the north of the river Bhagel, there was belt of land over which Patel was standing in several furlongs on the northern bank of the river. Just towards north of this Patel, there was filed of the complainant Bahar Singh P. W. 1 and his brother Nawab deceased. THE fields of Dharma Singh P. W. 2 lay nearby the fields of the complainant.

(3.) PUTTU appellant further main tained that Dharma Singh P. W. 2 was the cousin brother of complainant Bahar Singh P. W. 1. He stated that Jaswant Singh and the complainant Bahar Singh P. W. 1 had assaulted him, about which he had lodged a report against Jaswant Singh, in which Jaswant Singh was sentenced. He pleaded that Natthu P. W. 3 was the son-in-lawof Jaswant Singh.